A mistakenly sent email has transformed a disagreement between Apple and OpenAI that might have been resolved privately into a public legal confrontation.
The dispute originates from Apple's allegations that OpenAI systematically poached its hardware talent and stole trade secrets. In its lawsuit, Apple claims it sent a letter to OpenAI's General Counsel, Che Chang, as early as February 2026, expressing serious concerns about the potential flow of its confidential information to OpenAI and requesting preventative measures, which OpenAI "never responded to."
However, an investigation has revealed starkly different details regarding the breakdown in communication. On February 23, 2026, at 5:53 PM, Apple's external lawyer, Gabriel Gross, sent an initial email to OpenAI's General Counsel, Che Chang. The subject was "OpenAI Former Apple Employee Retention of Non-Public, Confidential and Proprietary Information," and it included a letter and attachments.
Just 13 minutes later, Gross sent a second email to Chang within the same email thread. This message stated: "Thank you for your call just now and for your prompt cooperation." However, this phone call never actually took place. Gross had intended to send this reply to a former Apple employee surnamed Wang, who later joined OpenAI, but mistakenly sent it to Chang instead.
Upon receiving this email referencing a "call," Chang believed Apple's lawyer was fabricating facts to advance litigation. He immediately contacted Apple's internal legal counsel, stated he had never spoken with that lawyer, and requested his removal from the case. Despite Gross apologizing and clarifying the misunderstanding the following day, communication between the two parties broke down completely. OpenAI claims it received no further contact from Apple until the company formally filed its lawsuit last Friday.
The direct consequence of this communication failure was Apple officially filing a lawsuit on July 10 in a California federal court. The suit accuses OpenAI, its Chief Hardware Officer Tang Tan (a former Apple Vice President of Product Design), and former engineer Chang Liu of stealing trade secrets related to unreleased hardware products. Apple's complaint uses forceful language, stating that over 400 former Apple employees now work at OpenAI. It alleges OpenAI systematically obtained its confidential information through recruitment channels and supplier relationships to enter the consumer hardware market. A single misdirected email has effectively closed the door on any potential out-of-court settlement.
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