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OpenAI says Apple misstated facts and mishandled pre-suit communications

OpenAI has contested key claims in Apple’s lawsuit, saying Apple’s outside counsel contacted the wrong person and falsely reported a phone call that never occurred.

OpenAI says Apple misstated facts and mishandled pre-suit communications

OpenAI has disputed several central claims in Apple’s lawsuit, asserting that Apple relied on inaccurate information and handled early communications poorly. According to OpenAI, Apple’s outside counsel mistakenly emailed the wrong person and falsely reported that a phone call had taken place with OpenAI’s General Counsel.

What happened and when

Apple alleged that it contacted OpenAI in February and received no response. OpenAI states that Apple later admitted the outside counsel, Gabriel Gross of Weil, Gotshal & Manges LLP, sent an email to the wrong recipient after confusing two Asian last names. OpenAI says Apple acknowledged the error only after OpenAI pointed it out.

OpenAI also says Apple claimed to have had a discussion with OpenAI General Counsel Che Chang — a conversation Apple now concedes never occurred. OpenAI highlights that Apple never raised the specific allegations included in the current lawsuit during those earlier communications; the email exchange from Apple’s counsel said they were "resolving any issues." After that exchange, OpenAI says there was no further contact for five months, and then Apple filed suit.

Specific personnel and allegations

Apple accuses Chang Liu of accessing confidential Apple information after leaving the company. OpenAI responds that Apple employees themselves contacted Chang Liu and asked for his help locating files and information to assist with Apple work; OpenAI published iMessage exchanges showing Chang Liu’s last day at Apple was January 22, 2026. OpenAI further notes that Apple now points to "residual access" as an explanation, but does not disclose that such access problems are commonly caused by Apple’s own failures to revoke system access when employees leave.

Apple also accuses Tang Tan of attempting to obtain and use Apple trade secrets. OpenAI says Tang consistently told the team they did not want and must not use confidential materials from other companies. OpenAI notes that Tang worked at Apple for more than 24 years and was widely regarded as one of the company’s most innovative leaders.

OpenAI’s position and consequences

OpenAI says it would have been willing to clarify these issues if Apple had raised them before filing suit, and that OpenAI offered to work cooperatively to resolve the matters. Instead, OpenAI alleges, Apple changed its narrative in the lawsuit, made vague accusations about other former employees, and is likely to continue using that approach.

OpenAI further argues that Apple’s request for a preliminary injunction relies on false information and is unnecessary because OpenAI does not have and does not want any of Apple’s trade secrets. OpenAI says its priority is building innovative products and advancing technology.

Published messages

OpenAI released portions of emails and iMessage exchanges involving Gabriel Gross (Weil, Gotshal & Manges LLP), OpenAI General Counsel Che Chang, and Apple’s in‑house legal counsel. In one email, Gross acknowledges he mistakenly sent a message intended for a former Apple employee, Mr. Wang, and states that Mr. Wang contacted him and offered to cooperate in resolving any issues. Gross apologized for the confusion caused by his error.

An Apple in‑house lawyer later replied that Weil was Apple’s counsel on the matter and that Weil should have clarified the miscommunication.

Why this matters

The dispute highlights operational and legal challenges common in the technology sector: how companies manage access when employees depart, procedures to protect confidential information, and norms for communication before litigation. The case also shows how misaddressed messages and inaccurate representations between counsel can shape the narrative leading up to a lawsuit.

OpenAI says it will continue focusing on developing technologies and does not seek to obtain or use Apple’s confidential information.