Apple claimed that after Prosser learned Ramacciotti “needed money” and that Lipnik worked at Apple, Prosser and Ramacciotti “jointly planned” to access the information in Lipnik’s iPhone. Prosser denied that he “jointly planned” to access the information or that he was aware of “Ramacciotti’s financial situation.” Prosser’s filing also said that he was “unaware of who Ethan Lipnik was” and was “unaware of how and when Ramacciotti gathered the information.”
Prosser admitted to participating in a FaceTime call with Ramacciotti where he was shown “certain iOS features on the Development iPhone.” Prosser also admitted that Ramacciotti “demonstrated several features and applications, which disclosed details of the unreleased iOS 19 operating system, “but has not knowledge if iOS 19 was in fact ‘unreleased,’” according to an awkwardly written sentence in the filing.
Apple alleged that, according to Ramacciotti’s voice message, Ramacciotti “used location tracking” to know when Lipnik would be gone, “acquired” Lipnik’s passcode, and broke into the phone. Prosser denies “any knowledge of location tracking,” that the iPhone was Lipnik’s phone, and how Ramacciotti got into it.
Prosser admitted to recording the FaceTime call, taking screen captures of the call, and to “sharing recordings and renderings afterwards.”
Prosser denies “enlisting or bribing” Ramacciotti in advance of the FaceTime call. However, he admitted to sharing “a portion of the YouTube advertising revenue” with Ramacciotti after publication of the videos “in order to retain exclusive communication with Ramacciotti.” Prosser also said he “disconnected communication” with Ramacciotti once he “learned how Ramacciotti acquired the proprietary information.”
Prosser admitted that the information he saw was “unreleased software” and to reporting on information given to him “as any news organization would report on exclusives.”
Prosser admitted to showing “at least a portion of the recording” to other people, but “denies that he is in possession of any further confidential information in this case that has not already been disclosed to Apple.”
As part of a list of affirmative defenses, Prosser’s filing states that “Ramacciotti’s act of displaying the features was not induced by Prosser” and that “Ramacciotti is completely responsible for the disclosure of Apple’s alleged trade secrets, if any.”
It also states that Ramacciotti is “responsible for all harm caused to Prosser and should indemnify him for all harm caused.”