Apple files new evidence in its trade-secret case against OpenAI

Apple has filed what it calls "shocking evidence" in its lawsuit against OpenAI, TechCrunch reports, after lawyers for former Apple employee Chang Liu handed over his old Apple work laptop for investigation earlier this month.

• Apple alleges Liu used a confidential Apple circuit schematic in his work at OpenAI, along with a tool sharing a name with an internal Apple engineering application
• Apple claims OpenAI was "well-aware" of Liu's access to its data
• Apple alleges Liu enlisted OpenAI colleague Yu-Ting Peng to help destroy evidence in June, after learning he was under investigation
• More than 400 former Apple employees now work at OpenAI, according to Apple's initial filing
• Apple is seeking a preliminary injunction blocking OpenAI from working on Apple-based hardware, plus expedited discovery

The new evidence itself is redacted from public view, but Apple's filing argues the laptop alone makes its case:

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.

This isn't the first round of evidence in the case. Intokened has covered the original suit, which included text messages from Liu, punctuated with "crying laughing" emojis, showing he knew he still had access to Apple's files after he left the company.

OpenAI has defended Liu before, arguing he only accessed Apple's files after leaving in order to help former colleagues who asked for his assistance. In a blog post earlier this month, the company pushed back directly on Apple's framing.

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.

Apple counters that Liu's continued access wasn't accidental: the company says he "exploited a rare, previously unknown authentication bug" to keep reaching Apple systems after he left, a specific technical claim that's harder to wave off than a general policy complaint. TechCrunch has requested comment from OpenAI on the newest allegations.

The case lands the same week Apple's new CEO, John Ternus, is trying to convince investors the company can still win on AI. Intokened has covered that transition separately; a lawsuit alleging a rival poached both an engineer and a schematic isn't the kind of AI story Apple wants running alongside it.

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