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• OpenAI released internal communications that it claims disprove Apple's allegations of trade secret theft.
• The leaked documents appear to show that Apple employees continued to rely on former employee Chang Liu's knowledge after his departure from the firm.
• OpenAI argues that its hardware programme has been developed independently and in accordance with policies prohibiting the use of another company's confidential information.
• The case sets a precedent for what constitutes 'reasonable measures' of trade secret protection and highlights the importance of scrutinizing a plaintiff's own compliance with trade secret frameworks.

According to OpenAI, these exchanges demonstrate that Apple itself continued relying on Liu's knowledge even after his employment ended.

A high-stakes lawsuit between Apple and OpenAI has taken an unexpected turn as the AI company released internal communications that it claims disprove allegations of trade secret theft. The leaked emails, text messages, and other documents appear to show that Apple employees continued to rely on former employee Chang Liu's knowledge even after his departure from the firm. This revelation raises questions about Apple's efforts to safeguard its trade secrets, a necessary element for protection under trade secret law. According to OpenAI, the internal communications demonstrate that Apple itself was responsible for allowing system access post-termination, which weakened its assertion of reasonable measures to protect its trade secrets.

The lawsuit, filed in the US District Court for the Northern District of California, centers around OpenAI's consumer hardware push and Apple's claims that it misappropriated confidential information. However, OpenAI argues that its hardware programme has been developed independently and in accordance with policies prohibiting the use of another company's confidential information. The AI company contends that Apple's own internal security and offboarding practices are to blame for any potential trade secret theft, rather than any wrongdoing on its part. This defense strategy targets Apple's failure to maintain statutory 'reasonable measures' of trade secret protection.

The case has significant implications for the tech industry and sets a precedent for what constitutes 'reasonable measures' of trade secret protection. Lawyers are closely watching this case as it may establish new standards for internal communications and security practices to prevent trade secret theft allegations. OpenAI's defense strategy also highlights the importance of scrutinizing a plaintiff's own compliance with trade secret frameworks, rather than solely focusing on the defendant's actions.

Lawyers should watch for this case as a precedent on what constitutes 'reasonable measures' of trade secret protection, and how internal communications can be used to defend against trade secret theft allegations.

Source: Original reporting via [Source]