Apple is accusing OpenAI of actively destroying evidence and using stolen trade secrets in a high-stakes legal battle over alleged misconduct by former Apple engineer Chang Liu.
The company claims Liu not only downloaded confidential Apple schematics but also used them in his work at OpenAI, violating employment agreements.
Apple's latest filing details how Liu, who left Apple for OpenAI in January, allegedly instructed a colleague to destroy evidence, while continuing unauthorized access to Apple's cloud storage via an Apple-issued MacBook. The filing also claims that Liu used an internal Apple tool in his work at OpenAI. Apple is seeking damages and an order to halt OpenAI's use of its proprietary materials.
A forensic analysis of the laptop allegedly uncovered evidence that "Liu and others at OpenAI were well aware" of Liu's continued unauthorized access to Apple's proprietary software, including third-party cloud storage providers. Additionally, the laptop allegedly contained evidence that Liu instructed an OpenAI colleague to destroy evidence. This colleague complied with Liu's instructions.
As tensions rise between the two tech giants, Apple is particularly concerned about OpenAI's growing hardware ambitions, especially with former Apple design chief Jony Ive now involved with the emerging AI company.
"The MacBook represents the very limited information defendants provided so far (and only after weeks of delay), and shows Apple is not conducting 'fishing expeditions' but that its trade secrets are being used and evidence is being destroyed," Apple's lawyers wrote
Apple's original complaint accused OpenAI of encouraging Apple employees to share confidential information, such as schematics for unreleased products, drawings, and other company material. Additionally, Apple said OpenAI took steps to cover its tracks in encouraging these transitioning employees to share the confidential information.
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The judge is set to hear arguments on Apple's motion for expedited pre-trial fact-finding on Oct 1.
