Apple filed for a preliminary injunction against OpenAI in a California federal court. A few hours later, OpenAI published a public rebuttal – including emails and iMessage logs – intended to refute the allegations. The dispute over allegedly stolen trade secrets is thus being fought out outside of court for the first time.
Since Apple filed a lawsuit against OpenAI in July, the company behind ChatGPT had limited itself to brief denials. That changed on Tuesday night: Under the title "Apple is getting this wrong," OpenAI published a detailed blog post and provided supporting documents.
This was triggered by a move Apple made the day before. The company intends to seek an injunction to prevent the two former employees and OpenAI from using confidential information – and to expedite the proceedings.
Key Facts at a Glance
- Apple is seeking an injunction against OpenAI and former employees Chang Liu and Tang Tan.
- OpenAI has released emails and iMessage histories and described the lawsuit as ill-advised, aggressive, and strangely personal.
- According to OpenAI, Apple employees had asked Liu for help in finding internal files after he left the company.
- Apple's lawyers demonstrably wrote to the wrong person in February – OpenAI has published an apology.
- A date for the hearing on the emergency application has not yet been set.
What Apple is demanding from the court
The application aims to prohibit OpenAI and the two former employees from accessing, using, or disseminating the disputed information. Apple is also requesting an expedited evidentiary hearing. According to Reuters' report on the filing, the company argues that without the injunction, irreparable harm is likely.
This intensifies a legal process that has been growing in scope for weeks. Most recently, Apple expanded its evidence gathering to include dozens more employees; the complaint also states that over 400 former Apple employees now work at OpenAI.
A hearing date regarding the urgent application has not yet been scheduled.
How OpenAI turns the accusation around
The core of the rebuttal concerns Chang Liu, who left Apple on January 22. OpenAI has published iMessage histories that allegedly show Apple employees repeatedly asked Liu for help in locating internal files and technical information after his departure.
In one instance, a colleague was instructed to transfer files from Liu's iCloud account, which was linked to his Apple account, via AirDrop. AirDrop sends files directly from device to device, bypassing a company server. As recently as March 5th, an Apple employee reportedly questioned Liu about internal files; another participant in the conversation described the exchange as highly unusual.
Apple's argument that these are residual access rights is countered by OpenAI: They argue that this is a recurring problem at Apple because system access is not properly revoked upon employee departure. As a result, former employees retain access to files without knowing or wanting it.
Regarding Tang Tan, who spent 24 years at Apple and co-founded the hardware company io Products, OpenAI explains that he always made it clear to the team that confidential information from other companies must not be used.
The dispute over the confused surname
Particularly awkward for Apple is the portrayal of the backstory. Apple had stated that it contacted OpenAI in February and received no response. The company now admits that its external lawyers contacted the wrong person after confusing two Asian surnames – OpenAI has published the email exchange along with its apology.
The email mishap had derailed talks between the two companies before they had even properly begun. What's new is that the evidence is now publicly available.
Additionally, Apple reportedly admitted that an alleged conversation with OpenAI's chief legal officer never took place. According to OpenAI, the initial contact was followed by five months of radio silence before the lawsuit was filed.
Chronology of an escalating process
| Date | Event |
|---|---|
| February 2026 | Apple's external lawyers are writing to the wrong person |
| July 10, 2026 | Apple files lawsuit for theft of trade secrets |
| July 10, 2026 | OpenAI tersely denies: no interest in third-party trade secrets |
| July 14, 2026 | OpenAI states that it has seen no evidence to support the allegations. |
| July 17, 2026 | Apple expands evidence collection to dozens of employees |
| August 3, 2026 | Apple is seeking an injunction. |
| August 4, 2026 | OpenAI publishes rebuttal with emails and chat logs |
OpenAI's terse response on July 10th and the statement that they had seen no evidence to support Apple's allegations seemed like a delaying tactic back then. With the documents now published, OpenAI is changing its strategy.
Why the counterattack is unpleasant for Apple
The allegation that former employees can still access company files is a particularly hard blow for a company that has made security and data control its core brand values. Whether it's true remains to be seen – so far, only the chat logs have been substantiated, not the claim derived from them about Apple's offboarding practices.
The venue is striking. OpenAI is not responding with a written submission, but with a blog post – legally ineffective, but effective for public perception, because Apple's statement of claim was the only detailed account so far.
For Apple, more is at stake than just a lawsuit. The device in question is intended to be a speaker with a camera and is aimed at the same living room location as Apple's own smart home plans. Apple's deliberate exclusion of Jony Ive from the lawsuit demonstrates how carefully the dispute is being balanced – a misstep in the backstory doesn't fit well into this picture. (Image: Apfelpatient)
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