“Defendants’ arguments about the individual defendants ignore the legal standard on a motion to dismiss. Again and again, Defendants rely on attorney argument or extrinsic evidence, hypothesize about implausible explanations for a Defendant’s ‘innocent’ misconduct, and ask the Court to draw inferences in their own favor. That is not how a motion to dismiss works. As long as Apple has alleged ‘enough facts to state a claim to relief that is plausible on its face,’ Defendants’ disagreement on the merits is irrelevant.”
You get a similar tone at the end of the filing, where Apple points out: “As for Defendants’ argument that, ‘the access it complains of was identified and shut off by Apple before it filed suit,’ that does not address OpenAI’s continued use of the materials Defendants took, nor does it address other ways Open AI seeks to misappropriate Apple’s trade secrets….”
Again and again in the filing, Apple’s legal team looks to absolutely demolish the arguments raised by OpenAI. You also see them hint at additional evidence the company expects to find during discovery that it will subsequently present once the case reaches trial. You even see them argue that aspects of OpenAI’s denial actually help prove Apple’s claims, when it says, for example, “In any case, the value of Apple’s trade secrets can be plausibly inferred from the lengths to which Defendants have gone to acquire them.”
This story originally appeared on Computerworld
