OpenAI and other defendants in Apple's trade secret misappropriation lawsuit have filed a motion asking the court to strike two expert declarations and disregard other evidence Apple recently submitted. Apple last week filed a reply brief supported by five expert declarations totaling 126 pages and 13 exhibits, including experts Daniel Roffman, James Pooley, Dr. Ayman Fayed, Dr. Paul Hatch, and Dr. Jude Runge. OpenAI alleges Apple improperly introduced new evidence and expert opinions after seeing the defendants' response, leaving them without a fair opportunity to rebut.

The defendants argue that declarations from Roffman and Fayed, in particular, could have been presented earlier and that Runge was brought in as an entirely new expert to reinforce prior testimony. They are requesting the court strike Roffman's five exhibits and disregard other improperly introduced evidence, while also asking that if Roffman's declaration is considered, Chang Liu's own explanation of the cited device activity be taken into account.