In its lawsuit against OpenAI, Apple submitted what it describes as "shocking evidence" to support claims that a former Apple engineer transferred trade secrets to OpenAI. These allegations surfaced after the legal counsel for ex-Apple employee Chang Liu — who now works at OpenAI — handed Liu’s old Apple work laptop over for examination earlier this month.
What Apple says
Apple alleges the laptop contains indications that Liu used a confidential Apple circuit schematic in his work at OpenAI and that a tool referenced on the device shares the name of an internal Apple engineering application. The company further claims OpenAI was "well-aware" of Liu’s access to Apple data.
According to Apple, when Liu learned in June that Apple was investigating him, he enlisted OpenAI colleague Yu-Ting Peng to assist in destroying evidence.
Apple’s filing argues the MacBook represents a very limited portion of the materials defendants have produced so far (and only after weeks of delay), and that its contents show Apple is not on a "fishing expedition" but is confronting actual misuse of trade secrets and evidence destruction.
Previous messages and OpenAI’s response
Earlier court filings included text messages from Liu — which the filings note were punctuated with "crying laughing" emojis — that indicated he was aware he still had access to Apple files.
OpenAI has defended Liu, saying he only accessed Apple files after leaving the company to help former colleagues who asked for his assistance. In a blog post earlier this month, OpenAI said Apple is attempting to shift blame to "residual access" while not disclosing that access-management issues after departures are a common problem at Apple.
Apple counters that Liu maintained access because he "exploited a rare, previously unknown authentication bug."
Legal relief sought
Apple is asking the court for a preliminary injunction that would bar OpenAI from working on hardware based on Apple technology while the litigation proceeds. The company has also requested expedited discovery to quickly gather evidence, arguing more former employees could be implicated.
In its initial filing, Apple stated that more than 400 former Apple employees now work at OpenAI.
Next steps
TechCrunch requested comment from OpenAI regarding Apple’s newest allegations; the article does not record a response. The parts of the new evidence Apple filed are redacted from public view, and how they will affect the case will depend on those materials and further court proceedings.
