OpenAI alleges former employee took secret product files and presented plans to Apple
Apple says it found no evidence supporting the accusation. OpenAI may countersue in a dispute that already requires it to hand over hiring records.
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Apple says it found no evidence supporting the accusation. OpenAI may countersue in a dispute that already requires it to hand over hiring records.
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The October 14 hearing in Apple’s trade-secrets case against OpenAI was delayed after OpenAI filed a new accusation in federal court in San Jose. Separately, Judge Edward Davila has accelerated discovery of hiring records and other evidence related to former Apple employees who joined OpenAI, while declining to fast-track requests for OpenAI hardware research. The dispute now turns on evidence and competing claims: Apple says it found no support for OpenAI’s allegation, and neither misuse of trade secrets nor use in Apple’s HomeView has been established.
OpenAI alleges a former employee sent more than 100 files about an unreleased product to a personal account and later presented it to senior Apple leaders.
OpenAI has five days to provide responsive materials it has collected and 14 days to provide other materials covered by the expedited discovery order.
Davila approved early depositions of Chang Liu, Alyssa Peng and Tang Yew Tan, citing a risk that forensic evidence could be destroyed.
OpenAI alleges that a former employee who joined Apple transferred confidential product files to a personal account and later presented an unreleased product to Apple leaders. Apple says its safeguards prevent new hires from using former employers’ secrets and that it found no evidence supporting the allegations. The accusation has delayed a court hearing.
The filing, submitted October 13 in federal court in San Jose, California, alleges that the departing employee sent more than 100 files about an unreleased OpenAI product to a personal account. OpenAI says the presentation to senior Apple leadership happened months ago. Reuters reported the allegations in an article published by the Guardian on October 14.
OpenAI tied its concern to Apple’s own AI product development, citing the release of HomeView this week. That reference is part of OpenAI’s argument about the risk to its confidential work, not proof that Apple used the material. The alleged file transfer and presentation do not, by themselves, establish that Apple misused trade secrets or used them to develop HomeView.
OpenAI is very concerned that its trade secret and confidential information is now circulating inside Apple, where Apple engineers can shape Apple’s upcoming products based on OpenAI’s confidential and innovative work
OpenAI, in its court filing, quoted by Reuters
Apple rejected the accusation and said it has policies and procedures designed to keep employees from using confidential information belonging to previous employers. Its response directly contests OpenAI’s claim: Apple says it has found no supporting evidence. OpenAI said it may file a countersuit, but described that as a possible next step rather than a completed filing.
The companies had been scheduled to face each other in court on October 14. The hearing was to address OpenAI’s request to dismiss Apple’s lawsuit and Apple’s request for a preliminary injunction barring use of the alleged trade secrets. The new allegation delayed that confrontation, shifting the immediate proceedings without resolving either company’s accusations.
Apple brought the underlying lawsuit in July, alleging that former employees took proprietary information to OpenAI’s hardware division. OpenAI denies those allegations. Apple’s case includes claims that departing employees downloaded confidential files on company laptops and that former Apple employees at OpenAI coached prospective recruits about information to bring to interviews. Those recruitment claims help explain the court’s focus on hiring records.
On October 13, U.S. District Judge Edward Davila partially granted Apple’s request for expedited discovery—the exchange of evidence before trial. The order accelerates access to interview materials for former Apple employees who applied to OpenAI’s consumer hardware and robotics groups. TechCrunch reports that these can include interview guides, checklists, technical presentations and records showing whether discussions referenced Apple technologies or components.
OpenAI has five days to provide responsive materials it has already collected and 14 days for other materials covered by that request. The order also reaches beyond hiring paperwork. Bloomberg Law reports that the accelerated evidence includes:
Davila also approved early depositions of Liu, Peng and OpenAI chief hardware officer Tang Yew Tan, all former Apple employees. In explaining the urgency, the judge cited a risk that critical forensic evidence could be destroyed, pointing to a conversation between Liu and Peng about wiping Apple-owned electronics.
The court did not give Apple an equally fast route into OpenAI’s hardware research. Davila declined to expedite research materials involving metal finishes, power management and battery functionality, leaving those for the ordinary discovery schedule. He also held off on requests using the broadly defined term “Apple Originated Information,” warning that its scope could impose an untenable burden on OpenAI.
The case is likely to reach trial in October 2027, according to Reuters. OpenAI has said in court filings that it could be ready as early as June 2027.
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