OpenAI says former employee showed its device plans to Apple

OpenAI says former employee showed its device plans to Apple

OpenAI suggested today that Apple could use its trade secrets, something Apple is already suing OpenAI for. In a court filing, OpenAI accused a former employee of providing Apple with sensitive data on an unreleased product.

The anonymous employee joined OpenAI from Apple, then returned after six months. OpenAI claims the person sent “more than a hundred highly confidential files” to personal accounts, including manufacturing data and detailed images of at least one unreleased product. The former employee reportedly “gave a presentation” on OpenAI product plans to Apple’s senior management “months ago,” and OpenAI is concerned that Apple could use the information to further its work on AI devices.

OpenAI is very concerned that its trade secrets and confidential information are now circulating within Apple, where Apple engineers can shape upcoming Apple products based on OpenAI’s confidential and innovative work. OpenAI has raised these issues directly with Apple, but to date Apple has not provided OpenAI with the requested assurances that Apple does not possess and has not used OpenAI’s trade secrets and confidential information.

OpenAI has asked the court for permission to investigate and pursue counterclaims if necessary. Apple said Reuters it found no evidence to support OpenAI’s claims and has policies in place to ensure new employees do not use confidential information from previous employers.

Apple and OpenAI have been embroiled in a tense legal battle since Apple sued OpenAI in July. Apple claims OpenAI employees Chang Liu and Tang Tan stole trade secrets from Apple to develop new AI hardware. OpenAI called the lawsuit “careless, aggressive and strangely personal,” saying it “neither has nor wants any of their trade secrets” because it is “much more interested in creating innovative products and technologies that push boundaries.”

Yesterday, the court partially granted Apple’s request for expedited discovery. OpenAI has up to two weeks to turn over forensic evidence as well as documents used in interviews with former Apple employees. Liu, Tan and Alyssa Peng, Liu’s former colleague at Apple, will be required to appear for depositions once Apple obtains the requested information.

Judge Edward Davila, who is overseeing the case, said at a hearing today that it was “very likely” to grant a preliminary injunction barring OpenAI from using Apple’s allegedly stolen trade secrets. Bloomberg said an injunction would “mark a potential setback” for OpenAI’s hardware development efforts.

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