OpenAI Fires Back at Apple's Latest Trade Secrets Allegations

OpenAI has responded to a new wave of allegations from Apple in the trade secrets lawsuit that has been playing out since July 2026. In a filing submitted to the federal court in San Jose, Sam Altman's company argues that the entire dispute is a problem the Cupertino giant "brought on itself" through its own flawed security procedures for departing employees.

Apple's Allegations

Apple sued OpenAI in the U.S. District Court for the Northern District of California, claiming that Chang Liu and Tang Tan took confidential hardware design materials with them and used them while working on OpenAI's devices. In August, Apple reaffirmed its position, citing "pervasive misappropriation of trade secrets" and presenting additional evidence, including a claim that one former engineer taught an AI agent to use the stolen materials.

OpenAI's Defense

In its latest filing, OpenAI maintains the three main arguments from its earlier motion to dismiss: Apple has not shown that it holds a protected trade secret, has not described any specific act that could be considered misappropriation, and has not identified any real harm or ongoing threat. The company argues the complaint was "filed without adequate investigation and built on selectively excerpted communications and ordinary conduct stripped of context."

Plainly filed without adequate investigation and built on selectively excerpted communications and ordinary conduct stripped of context - from OpenAI's court filing in San Jose

Apple's Own Procedures at Fault

A key part of OpenAI's defense points to Apple's own practices. The company argues that Apple encouraged employees to use personal iCloud accounts for work purposes, while also enforcing a policy of cutting off access immediately on the day an employee left, without giving them time to sort through and return materials. OpenAI claims Tang Tan only sent himself non-confidential files, personal notes, and a publicly available checklist for managers preparing to leave the company.

As for Chang Liu, OpenAI maintains that he retained access to some Apple documents solely to help former colleagues locate files they needed, not to use them for the benefit of his new employer. Tan, for his part, reportedly returned all Apple hardware prototypes and kept only non-confidential materials.

Dispute Over Physical Parts

Apple also claimed that Tan encouraged OpenAI job candidates to bring in hardware components resembling solutions used at Apple. OpenAI denies this version of events, arguing that the components in question were old, outdated parts or generally available components used as standard visual aids during technical interviews, a practice common across the hardware industry.

A Cooling Relationship

The dispute is unfolding against a backdrop of cooling relations between Apple and OpenAI, which signed a deal in 2024 to integrate ChatGPT with Siri. Since then, however, Apple has shifted part of its voice assistant strategy toward Google's Gemini technology, a move some observers link to growing tension between the companies and competition for hardware engineers.

OpenAI argues outright that the lawsuit is an attempt to slow down a competitor and deter other employees from switching employers, rather than a genuine response to the loss of trade secrets. The company points to California law, which generally protects employees' freedom to move between competing firms and limits the ability to bind them with non-compete clauses.

What Happens Next

The case will come before Judge Edward J. Davila on October 1, 2026, when the court will consider OpenAI's motion to dismiss the lawsuit. Until then, both sides will likely continue filing further briefs and evidence, as they have since July. The outcome could carry weight beyond this dispute alone, since it touches on the broader question of how far tech companies can legally restrict the flow of employees and knowledge between competitors in the race for AI talent.