But this claim hinges entirely upon xAI proving that OpenAI poached its employees to steal its trade secrets. So, for xAI’s lawsuit to proceed, xAI will need to beef up the evidence base for its other claim, that OpenAI has violated the federal Defend Trade Secrets Act, Lin said. To succeed on that, xAI must prove that OpenAI unlawfully acquired, disclosed, or used a trade secret with xAI’s consent.
That will likely be challenging because xAI, at this point, has not offered “any nonconclusory allegations that OpenAI itself acquired, disclosed, or used xAI’s trade secrets,” Lin wrote.
All xAI has claimed is that OpenAI induced former employees to share
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