Apple claimed in a US court filing on October 5 that OpenAI introduced improper new testimony and arguments into a trade secrets dispute. The disagreement focuses on evidence presented ahead of an October 14 California hearing. According to Apple, OpenAI and its co-defendants violated rules regarding objections to fresh evidence, and the company is asking the judge to review the full record before ruling on its injunction request.
This latest disagreement comes on the heels of a comparable objection from OpenAI and the other defendants, who recently contested evidence Apple attached to five expert declarations. Apple countered that their response crossed the line into reopening preliminary injunction arguments instead of remaining a permissible evidence objection.
Citing Rule 7-3(d)(1) in its October 5 document, Apple noted that while the regulation permits objections to new evidence, it bars supplementary arguments regarding the underlying motion. Apple asserted that the defendants crossed this line by contesting expert testimony and arguing over whether specific details stayed private, which the company views as new arguments rather than valid evidence objections.
The filing additionally highlights a fresh declaration from former Apple engineer Chang Liu, with Apple characterizing the eight-paragraph statement as the filing’s “most egregious overreach.” Apple pointed out that Liu discussed erased iMac data, supplier communications, and the handling of confidential Apple files, while also noting that the joint filing spanned nine pages, thereby breaching the five-page limit.
Rather than seeking to have the defendants’ newly submitted material stricken, Apple is asking the judge to retain its own reply evidence in the record, maintaining that both parties have now fully outlined their stances prior to the injunction hearing.
The underlying trade secrets litigation commenced in July 2026, with Apple accuses OpenAI, io Products, Liu, and former Apple executive Tang Tan of stealing confidential data. All defendants have denied the allegations and fought the proposed injunction.
OpenAI previously asserted that the lawsuit was built on inaccurate claims and asserted it never sought Apple’s trade secrets. In an August filing, the company also defended Liu and Tan, stating that Apple misconstrued the circumstances surrounding Liu’s access to proprietary information.
The judge has not yet issued a decision on either the evidence dispute or Apple’s preliminary injunction bid. The injunction arguments are still on track for October 14, and the upcoming hearing may dictate which arguments and evidence influence the subsequent phase of the litigation.
Also Read: Apple Tightens Mac Privacy Controls Over AI Agents & Apps
