Apple has submitted what it describes as “shocking evidence” in its lawsuit against OpenAI, alleging that a former employee used confidential company information in his new role at the artificial intelligence firm and helped destroy evidence of the alleged misconduct.
The claims centre on Chang Liu, a former Apple employee who now works for OpenAI. They emerged after Liu’s legal team handed over his former Apple work laptop for examination earlier this month, following weeks of delay, according to a court filing.
Apple alleges that Liu used a confidential circuit schematic belonging to the company while working at OpenAI. It also claims he used a tool with the same name as an internal Apple engineering application.
The technology company further alleges that OpenAI was “well-aware” of Liu’s access to Apple data and that he asked OpenAI colleague Yu-Ting Peng to help destroy evidence in June after learning that Apple was investigating him.
Much of the new material in the filing has been redacted from public view. Apple said the laptop provided only a limited amount of information and argued that the material showed it was not conducting “fishing expeditions” but investigating the alleged use of its trade secrets and destruction of evidence.
Apple lawsuit against OpenAI seeks restrictions on hardware work
Earlier filings included messages sent by Liu, some accompanied by crying-with-laughter emojis, which Apple says indicate that he knew he retained access to company files after leaving.
OpenAI has previously defended Liu, saying he accessed Apple material after leaving the company only to assist former colleagues who had asked for help. In a blog post earlier this month, OpenAI said Apple was attempting to blame “residual access”, despite failing to properly manage system access when employees depart.
Apple disputes that explanation, claiming Liu retained access by exploiting a rare and previously unknown authentication flaw.
Apple is asking the court for a preliminary injunction that would prevent OpenAI from developing hardware based on Apple technology while the case continues. It is also seeking expedited discovery, which would speed up the collection of evidence amid claims that other former Apple employees may be involved.
Apple said in its initial filing that more than 400 of its former employees now work for OpenAI. TechCrunch said it had requested a response from OpenAI to the latest allegations.
