Apple has accused OpenAI of adding new arguments and testimony to a trade secrets filing. The company made the claim in a US court filing on October 5. The dispute centers on evidence submitted before an October 14 hearing in California. Apple says OpenAI and other defendants exceeded rules governing objections to new evidence. The company wants the judge to consider the complete record before deciding its injunction request.
The latest clash follows a similar objection from OpenAI and other defendants. They recently challenged evidence Apple submitted with five expert declarations. Apple now says their response went beyond a permitted evidence objection. The company argues that defendants used the filing to reopen arguments about the preliminary injunction.
Apple pointed to Rule 7-3(d)(1) in its latest filing. The rule allows objections to new evidence but restricts additional arguments about the motion. Apple says the defendants challenged expert testimony and disputed whether certain information remained private. The company argues those points represent fresh arguments rather than evidence objections.
The filing also targets a new declaration from former Apple engineer Chang Liu. Apple described the eight-paragraph testimony as the filing's ‘most egregious overreach.’ The company says Liu addressed deleted iMac data, supplier messages and use of confidential Apple files. Apple also says the combined filing reached nine pages, exceeding the five-page limit.
Apple has not asked the court to remove the defendants' new material from consideration. Instead, the company wants the judge to keep its reply evidence in the record. Apple argues that both sides have now presented their positions before the injunction hearing.
The broader trade secrets lawsuit began in July 2026. Apple accuses OpenAI, io Products, Liu and former Apple executive Tang Tan of misappropriating confidential information. The defendants have rejected Apple's claims and opposed the requested injunction.
OpenAI previously said Apple’s lawsuit relied on false information and denied seeking Apple's trade secrets. The company also defended Liu and Tan in an August response. OpenAI argued that Apple had misrepresented events surrounding Liu's access to company information.
The judge has not ruled on the evidence dispute or Apple's preliminary injunction request. Arguments on the injunction remain scheduled for October 14. The hearing could determine which evidence and arguments shape the next stage of the case.
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