Apple-OpenAI lawsuit: What evidence does Apple claim former employee destroyed?

Apple has intensified its legal dispute with OpenAI, alleging that the ChatGPT maker is deliberately destroying important evidence in the case. In a fresh court filing, Apple also alleged that former iPhone engineer Chang Liu “not only downloaded a confidential Apple circuit schematic but also used it in his work” after joining OpenAI.

The filing was submitted on Monday as part of Apple’s request for expedited pretrial fact-finding in its lawsuit against OpenAI. The case centres on allegations that OpenAI misappropriated Apple’s trade secrets, while OpenAI has sought to have the lawsuit thrown out.

Former Apple engineer at centre of dispute

Liu, who moved from Apple to OpenAI in January, has emerged as a key figure in the legal battle. He is among more than 400 former Apple employees who have joined the AI company, which is expanding beyond software and exploring the hardware market.

Apple’s latest filing alleges that OpenAI only recently handed over an Apple-issued MacBook that Liu had continued to use after leaving the iPhone maker.

An early forensic examination of the laptop reportedly found evidence suggesting that “Mr. Liu and others at OpenAI were well aware” that Liu still had unauthorised access to Apple’s third-party cloud storage services, according to Apple’s lawyers.

Apple alleges evidence was deliberately destroyed

The MacBook also allegedly contained material indicating that Liu “sent instructions for destroying evidence to an OpenAI colleague who confirmed she would comply,” Apple’s lawyers said.

The allegation adds to claims made in Apple’s original lawsuit, which accused OpenAI of encouraging employees leaving Apple to provide confidential information, components, drawings and other material connected to products that had not yet been released.

Apple has further alleged that measures were taken to conceal such activity.

Did an OpenAI employee help destroy evidence linked to Apple?

Apple alleges that Liu, who now works at OpenAI, used a confidential Apple circuit schematic in his work at the company, along with a tool sharing the name of an internal Apple engineering application. Apple further claims OpenAI was “well-aware” of Liu’s access to its confidential data, according to TechCrunch.

The company also alleges Liu asked OpenAI colleague Yu-Ting Peng to help destroy evidence in June after learning that Apple was investigating him. Apple said the laptop showed it was not conducting “fishing expeditions”, but investigating allegations that its “trade secrets are being used and evidence is being destroyed”.

The latest evidence remains redacted from public view, but earlier Apple filings included text messages from Liu, which he punctuated with “crying laughing” emojis. The messages allegedly show that Liu was aware he continued to have access to Apple files after leaving the company.

OpenAI has defended Liu, maintaining that he accessed the files only after leaving Apple to assist former colleagues who had sought his help. The company has also disputed Apple’s claims over his continued access, saying: “Apple now tries to shift the blame to ‘residual access,’ but they also don’t disclose that this is a common issue with Apple which is caused by them failing to properly manage system access when people leave.”

OpenAI rejects allegations

OpenAI has argued that its recruitment of Apple employees followed standard industry practices. The company has also maintained that Liu accessed the cloud data while attempting to assist a former Apple colleague, rather than to obtain confidential information for OpenAI.

To support its position, OpenAI has released excerpts of text messages relating to the incident.

Apple alleged in Monday’s filing that OpenAI is dragging its feet on producing evidence. “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.

The filing also claims that Liu “used a tool in his work at OpenAI that has the same name as an internal Apple engineering application used for Apple development work.”

Apple is seeking monetary damages and an order requiring OpenAI to halt the alleged conduct and destroy any proprietary materials. Earlier this month, Apple asked a federal judge to immediately order OpenAI to stop using stolen trade secrets.

The once-cordial working relationship between the iPhone maker and ChatGPT creator has frayed over the last year, particularly after OpenAI enlisted former Apple design guru Jony Ive to help develop upcoming hardware products. The first device from that collaboration will be a doughnut-shaped smart speaker, roughly the size of a hockey puck, that includes moving parts to lend the gadget personality.

(With inputs from news agency Bloomberg)