Apple files motion for preliminary injunction against OpenAI in trade secrets case News
Apple files motion for preliminary injunction against OpenAI in trade secrets case

Apple filed a motion on Monday asking a US judge for a preliminary injunction barring two former employees, both now working for OpenAI, and OpenAI,  the company that created and maintains ChatGPT, from accessing, acquiring, using or disclosing alleged confidential information as ‌it moves ahead with its trade secrets case.

Last month Apple sued OpenAI and its two former employees claiming that there was a misappropriation of Apple’s trade secrets and that those trade secrets benefited the ChatGPT owner’s ​breakout into consumer hardware. The foundation of Apple’s case rests on the assertion that OpenAI’s recruitment process for the two former employees doubled as a way to collect Apple’s proprietary information. In addition, Apple claimed that it would be ” irreparably harmed absent a preliminary injunction.”

Apple also filed a motion for expedited discovery on Monday,  including production of documents relating to the defendants’ alleged access ​of Apple’s confidential information. Apple included three reasons for the expedited discovery in their filing:

So that Apple may: (1) better understand the nature and extent of their trade secret misappropriations and breaches of their confidentiality obligations, and the steps needed to remediate them; (2) Make additional or modified requests for injunctive relief as needed to match the facts about Defendants’ misappropriations and breaches as they are discovered; and (3) Provide the Court with a more fulsome record as needed to draft and enforce any order resulting from Apple’s concurrently filed motion for a preliminary injunction.

In a blog post posted on Monday OpenAI responded publicly to the allegations saying that they are “based on false information and completely unnecessary”, after calling the lawsuit “careless, aggressive and oddly personal.” OpenAI also provided text messages and email chains to back up their denial of Apple’s claims. Further alleging that the “specific claims” in Apple’s formal complaint were never broached, and there was “no further follow up prior to the lawsuit being filed five months later.”

This lawsuit characterizes a dramatic escalation of the already simmering tension between ​the two companies. This case is only the latest in a large explosion of litigation surrounding AI, trade secrets, intellectual property, and confidential information, though many cases focus on the theft, unauthorized use, and scraping of proprietary code and data for AI training.

A response from the court for the preliminary injunction is expected in the coming months.

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