Apple today submitted new evidence in its lawsuit against OpenAI, hoping that the new information will persuade the judge to grant an expedited discovery process.
Apple filed a trade secret theft lawsuit against OpenAI employees Chang Liu and Tang Tan in July, accusing them of using multiple methods to steal data from Apple. Liu kept an Apple-issued MacBook after he left for OpenAI, and Apple got it back after the lawsuit was filed. Apple now claims that forensic analysis of the laptop revealed more evidence of Liu’s use of Apple information and his attempts to hide what he had done.
From the trial:
- Mr. Liu not only downloaded a confidential Apple circuit diagram, but also used it in his work at OpenAI;
- Although his unauthorized access to Apple’s third-party cloud storage was unknown to him, Mr. Liu and others at OpenAI were well aware of this access;
- Mr. Liu, after learning of Apple’s internal investigation into him, sent instructions to destroy the evidence to a colleague at OpenAI who confirmed that she would comply; And
- Mr. 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.
Liu downloaded Apple’s circuit diagram in March, two months after leaving the company. Liu used the schematic to run a simulation in the electrical engineering tool LTspice, then told other OpenAI employees that he had run the simulation for power conversion development work. He did it on a Mac mini synced with the MacBook he took from Apple, and Apple wants to investigate the Mac mini.
Apple says the “shocking evidence” proves its trade secrets are being actively used and the evidence is being destroyed, which is why expedited discovery is necessary.
Apple initially requested expedited discovery earlier this month, also seeking an injunction preventing OpenAI from using its trade secrets. OpenAI responded by asking the court to dismiss the lawsuit, saying the accusations were “meritless.”
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