OpenAI challenges Apple's new evidence in trade secrets suit
OpenAI and Jony Ive's io Products say Apple's reply brief smuggled in 126 pages of new expert testimony they had no chance to answer, 9to5Mac reported.
OpenAI and co-defendants asked a court to strike evidence Apple introduced in its reply brief in a trade secrets lawsuit, arguing the filing went far beyond what Apple's original complaint covered, 9to5Mac reported.
Apple sued OpenAI, Jony Ive's io Products, and former Apple employees Chang Liu and Tang Tan, alleging the defendants unlawfully obtained and used confidential Apple hardware information for OpenAI's consumer hardware work. Apple is seeking a preliminary injunction to block further use of the material during litigation.
OpenAI's motion objects to five expert declarations totaling 126 pages and 13 exhibits, including an entirely new expert witness, Dr. Jude Runge, whom Apple had not previously disclosed. "These declarations go far outside the scope of Apple's opening brief and Defendants' opposition," OpenAI said in the filing, according to 9to5Mac.
OpenAI also said some of Apple's evidence came from investigations conducted only after its initial filing, and that some communications were presented out of context. The defendants asked the court to disregard the material rather than let Apple respond to it in a later filing.