OpenAI has asked a federal judge to toss out Apple’s landmark lawsuit accusing the ChatGPT maker of stealing trade secrets, describing the allegations as “meritless.” In a motion filed yesterday to dismiss the complaint, OpenAI says that Apple is mischaracterizing both the actions of the AI startup’s employees as theft, and “generic” product development information as “trade secrets,” adding that Apple made no reasonable efforts to maintain such secrecy.

Several aspects of that blog make a more formal appearance in OpenAI’s dismissal request, alleging that Apple’s case is poorly investigated, built on selective or out-of-context communications, and “rotten to its core.” For example, OpenAI claims that Chang Liu — a former Apple staffer now working for OpenAI who stands accused of downloading confidential files from Apple after leaving the company — was simply assisting ex-colleagues who asked him for help.

“Apple should not be permitted to use a baseless and pretextual lawsuit to make up for its shortcomings in the market for talent and retaining its employees, and its failures to integrate AI into its products,” OpenAI says in the dismissal filing. “OpenAI is building something entirely new and different from anything at Apple. OpenAI does have an interest in hiring the best engineers, inventors, developers and creators — many of whom have decided to leave Apple and to come to OpenAI, attracted by the innovative and exciting work the company is doing.”

The judge is set to hear arguments on the motion on October 1st. Meanwhile, Apple also asked for a preliminary injunction on Monday to prevent OpenAI and the employees named in the complaint from accessing, acquiring, using, or disclosing alleged confidential information while the lawsuit moves ahead.