OpenAI Requested Court Strike Apple Expert Declarations
The legal dispute over alleged trade secret theft intensifies as OpenAI challenges new evidence submitted in a reply brief.
Updated on Sept. 26, 2026 in Artificial Intelligence
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OpenAI has asked a federal court to strike two expert declarations submitted by Apple as part of an ongoing trade secret lawsuit. The filing follows a 126-page reply brief submitted by Apple last week, which included five expert declarations in total.
Why it matters
The motion highlights a core procedural conflict in the trade secret litigation, as OpenAI claims Apple is improperly introducing new evidence to bolster its case after reviewing the defense's arguments. This dispute centers on allegations that former employees transferred proprietary hardware information to OpenAI.
Apple submitted five expert declarations, including those from Daniel Roffman, James Pooley, Dr. Ayman Fayed, Dr. Paul Hatch, and Dr. Jude Runge, as part of its recent 126-page reply brief. OpenAI is specifically moving to strike the declarations of Roffman and Runge from the record.
The players
Apple
A global consumer electronics and software corporation focused on integrated hardware, software, and services ecosystems.
OpenAI
An AI research and deployment company that builds large-scale transformer models and generative AI systems.
Chang Liu
A former employee named as a defendant who allegedly accessed engineering documents after leaving Apple.
Tang Tan
A former employee named as a defendant who allegedly attempted to obtain confidential hardware information during interviews.
The details
The legal conflict concerns Apple's allegations that former employees Chang Liu and Tang Tan misappropriated confidential hardware information. Apple contends that Liu accessed engineering documents after his departure and that Tan sought proprietary data during job interviews. OpenAI argues that the expert declarations contained within the recent reply brief introduce evidence that should have been disclosed during earlier discovery phases.
Timeline
Earlier this year: Apple filed the lawsuit against OpenAI, io Products, Chang Liu, and Tang Tan.
Last week: Apple submitted a 126-page reply brief containing 13 exhibits and five expert declarations.
The Tech Race
The lawsuit mirrors the high-stakes trade secret battles that have historically shaped Silicon Valley talent movement and intellectual property norms. This filing follows the trajectory seen in the Waymo v. Uber litigation, where contested evidentiary filings often determine the scope of discovery.
The outcome of this case may influence how companies handle the transfer of proprietary knowledge and confidential engineering documentation during employee transitions. Tech professionals and legal teams should monitor the court's ruling on the admissibility of these expert declarations.
The takeaway
This motion represents a standard but aggressive attempt to shape the evidentiary record in a high-value intellectual property case. Watch for the federal court's ruling on whether the disputed expert declarations will remain part of the official evidence submitted for the preliminary injunction.
Further reading
For more on the broader legal landscape surrounding high-stakes industry disputes, see the Artificial Intelligence section.
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