OpenAI and the other defendants in Apple’s trade secret misappropriation lawsuit have made a new filing, asking the court to strike two expert declarations and disregard other evidence Apple recently submitted, reports 9to5Mac.
From the filing: Apple submitted with its reply brief five new expert declarations (including one entirely new expert), totaling 126 pages, as well as numerous new exhibits. These declarations go far outside the scope of Apple’s opening brief and Defendants’ opposition, and in any event do not save Apple’s deficient motion.
This is part of an ongoing legal brouhaha. In a lawsuit filed with the Northern District of California, Apple says it’s uncovered evidence of a months-long scheme to steal confidential information. The company says OpenAI hardware lead and former Apple designer Tan and former electrical engineer Liu directed Apple employees interviewing with OpenAI to provide details on unreleased devices, components, manufacturing processes, and vendor relationships.
Here’s what Apple said in a statement to MacRumors: At Apple, our teams are constantly developing breakthrough technologies to create the best products and services in the world, and protecting their work and intellectual property is something we take very seriously. Recently, significant evidence has emerged suggesting individuals employed by OpenAI wrongfully took Apple’s secret and confidential information regarding our unreleased technologies, processes, and products. We will always defend our teams’ hard work and innovations, and we are taking all appropriate steps to do so.
And from the lawsuit:
OpenAI also instructs new hires on how to avoid scrutiny when they leave Apple. For example, Mr. Tan warns them not to tell Apple that they have taken jobs at OpenAI, so they can stay at Apple as long as they can. After his own departure, Mr. Tan improperly retained or obtained an internal Apple managers’ document marked “Need to Know” that describes security procedures for employee departures. Messages left on Apple-issued work devices show that Mr. Tan and his OpenAI colleagues have been sharing this document with new hires before they give notice to Apple of their departures, previewing Apple’s security protocols. Unsurprisingly, Apple’s investigation has found a pattern by employees who depart for OpenAI of taking steps to evade the security processes intended to protect Apple’s confidential information.
In response to the lawsuit, OpenAI spokesperson Drew Pusateri told MacRumors that, “We have no interest in other companies’ trade secrets. We remain focused on building innovative technology that empowers people everywhere.”
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