Apple has officially asked a federal judge to deny OpenAI’s attempt to dismiss the trade secrets lawsuit the company filed in July 2026. The request comes in a 32-page opposition brief, where Apple insists OpenAI’s motion is built on “distortion, speculation, and improper extrinsic evidence.” ([macrumors.com](https://www.macrumors.com/2026/08/20/apple-fires-back-openai-bid-toss-lawsuit/))
What’s Alleged
Apple claims that more than 400 former employees now work at OpenAI. Among those, two key figures — former Apple engineer Chang Liu and hardware chief Tan Yew Tan — are named in the complaint for allegedly exploiting internal knowledge. Apple alleges Liu accessed Apple’s network storage after joining OpenAI and transferred dozens of confidential files, including a presentation outlining manufacturing and testing processes for main logic boards. ([macrumors.com](https://www.macrumors.com/2026/08/20/apple-fires-back-openai-bid-toss-lawsuit/))
Tan is accused of using Apple project code names during interviews to extract information about unreleased products. The lawsuit also claims that Tan asked a former Apple staffer to bring hardware components — such as batteries, logic boards, shields, and system-on-chips — to OpenAI for a “show and tell.” ([macrumors.com](https://www.macrumors.com/2026/08/20/apple-fires-back-openai-bid-toss-lawsuit/))
OpenAI’s Defense & Apple’s Rebuttal
OpenAI’s motion to dismiss argues that Apple failed to clearly define what constitutes a trade secret. It maintains it is working on technologies entirely distinct from Apple’s and thus wouldn’t need any of Apple’s proprietary material. ([macrumors.com](https://www.macrumors.com/2026/08/20/apple-fires-back-openai-bid-toss-lawsuit/))
In response, Apple asserts that these are factual disagreements better resolved during discovery or at summary judgment, not grounds for dismissal. The company further argues that disclosing trade-secret details in public filings now would effectively publish the very secrets they’re seeking to keep confidential. ([macrumors.com](https://www.macrumors.com/2026/08/20/apple-fires-back-openai-bid-toss-lawsuit/))
Apple also takes issue with OpenAI’s reliance on certain materials in its dismissal motion, such as text messages, a website listing Apple’s internal codenames, and interview guides. Apple contends these pieces are not admissible at this early stage when only the complaint should be under consideration. ([macrumors.com](https://www.macrumors.com/2026/08/20/apple-fires-back-openai-bid-toss-lawsuit/))
Finally, Apple leans on Ninth Circuit precedent — including a 2025 decision in a case called Quintara — arguing that competing plausible explanations should keep a case alive, not lead to its dismissal. ([macrumors.com](https://www.macrumors.com/2026/08/20/apple-fires-back-openai-bid-toss-lawsuit/))
The judge in charge of the matter, Edward J. Davila, is slated to hear arguments on October 1. ([macrumors.com](https://www.macrumors.com/2026/08/20/apple-fires-back-openai-bid-toss-lawsuit/))
Apple’s legal battle raises pressing questions about how to protect trade secrets in an AI-driven hiring landscape. As its lawsuit alleges misappropriation via recruitment and hiring practices, OpenAI’s dismissal bid contends that Apple’s claims aren’t specific enough. The outcome may set key boundaries around what startups and legacy tech firms must prove when alleging trade secret theft. Look for how this case influences future disputes over internal knowledge, hiring practices, and what courts consider “adequately alleged” in tech-IP litigation.
