Apple Files New Brief in Trade Secrets Case Against OpenAI

Apple has escalated its legal battle against OpenAI, filing a court brief on Aug 31 in support of its motion for expedited pre-trial fact-finding in a lawsuit accusing the ChatGPT maker of stealing trade secrets. The filing centers on former iPhone engineer Chang Liu, who left Apple for OpenAI in January and is one of more than 400 former Apple employees now working at the AI company.

According to the filing, OpenAI "only recently" provided an Apple-issued MacBook that Liu had been using since departing the company. Apple's initial forensic analysis of the laptop alleges that Liu knew he had access to Apple's third-party cloud storage and used it to download "dozens of confidential Apple files," including a circuit schematic. Apple further claims that Liu used that schematic to run simulations in his work for OpenAI and that the laptop revealed previously unknown instances of stolen information, with Liu having "referred to using a tool and related software packages with names identical to proprietary internal engineering tools used at Apple."

Apple's lawyers wrote that the MacBook contains evidence that Liu "sent instructions for destroying evidence to an OpenAI colleague who confirmed she would comply." The filing also claims that, after learning he was the subject of an internal investigation, Liu directed a coworker at OpenAI to "restore" any Apple-issued devices, which Apple claims was a way to erase forensic evidence.

Background and Legal Context

The lawsuit stems from Apple's original complaint alleging that OpenAI encouraged Apple employees to share information, components, drawings, and other materials related to unreleased products while taking steps to cover its tracks. Apple is seeking monetary damages and an order requiring OpenAI to halt the alleged conduct and destroy any proprietary materials.

The latest filing argues that the MacBook shows Apple is not conducting "fishing expeditions" but that its trade secrets are being used and evidence is being destroyed. A judge is scheduled to hear arguments on the motion on Oct 1.

OpenAI's Response

OpenAI has pushed to have the case dismissed and has maintained that it adhered to industrywide recruiting standards when interviewing candidates from Apple. The company insists that Liu was simply trying to help a former colleague at Apple when accessing cloud data, and it has published text message excerpts to bolster that argument.

A representative for OpenAI did not immediately respond to a request for comment on the new filing.