OpenAI said in a court filing that an unnamed former employee showed Apple sensitive information about an unreleased product and sent “over a hundred highly confidential files” to personal accounts, including manufacturing data and detailed images.
The employee, who had joined OpenAI from Apple and then returned to Apple after six months, allegedly “made a presentation” on OpenAI product plans for Apple’s senior leadership “months ago,” OpenAI said. The company warned it is concerned Apple engineers could shape Apple’s upcoming products based on OpenAI’s confidential and innovative work.
OpenAI’s concerns about trade secrets at Apple
OpenAI said it has raised these issues directly with Apple but that Apple has not provided the requested assurances that it is not in possession of, or has not used, OpenAI’s trade secret and confidential information. OpenAI asked the court for permission to investigate further and to pursue counterclaims if necessary.
Apple told Reuters it has found no evidence to support OpenAI’s claims and said it has policies to ensure new employees do not use confidential information from previous employers.
Legal battle and recent court orders
The claims come amid a broader legal fight that began in July, when Apple sued OpenAI alleging that employees Chang Liu and Tang Tan stole trade secrets from Apple to develop new AI hardware. OpenAI described that lawsuit as “careless, aggressive and oddly personal,” saying it does not “have, nor want, any of their trade secrets” because it is “much more interested in building innovative products and technologies that push the frontier.”
Yesterday the court partially granted Apple’s request for expedited discovery. OpenAI has up to two weeks to hand over forensic evidence as well as materials used when interviewing former Apple employees. After Apple receives the requested information, Liu, Tang and Alyssa Peng, a former Apple colleague of Liu, will need to sit for depositions.
Judge Edward Davila, who is overseeing the case, said during a hearing that he is “highly likely” to grant a preliminary injunction prohibiting OpenAI from using Apple’s allegedly stolen trade secrets. Bloomberg said such an injunction would “mark a potential setback” for OpenAI’s hardware development efforts.
