James Gale was quoted in a World IP Review article discussing the high-profile trade secrets litigation between Apple and OpenAI over allegations that former Apple engineers misappropriated confidential hardware-related information after joining OpenAI's device development efforts.

Regarding Apple's decision to plead claims under the federal Defend Trade Secrets Act (DTSA) but not to bring a claim under California's Uniform Trade Secrets Act (CUTSA) despite filing suit in California, Jim stated “California has one of the most robust trade secret statutes in the nation, and I think that that was a strategic decision.” He noted that Apple may be “trying to avoid having to plead with ‘specificity and particularity’ later on.”

Jim also addressed OpenAI's response to the lawsuit, including a motion to dismiss and a public blog post. Regarding the merits of the motion to dismiss, Jim stated that Open AI is “trying to raise a factual dispute as to whether Apple took ‘reasonable measures’ in protecting their trade secrets,” but that factual questions that are not typically resolved at the pleading stage. He predicted that even if OpenAI succeeded on certain arguments, Apple would likely be given an opportunity to amend its complaint and continue pursuing its claims.

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