OpenAI says ex-employee took device files before returning to Apple

In a San Jose court filing, OpenAI alleges the employee later pitched its unreleased product to Apple’s senior leadership.


Silhouette of a hand holding a smartphone in front of a white screen displaying the black OpenAI logo
Image Credits Credit: Henry Franklin via Shutterstock

OpenAI says a former employee who went back to Apple sent more than 100 secret files about an unreleased OpenAI product to personal accounts, according to a court filing made on Wednesday in San Jose, California,

According to the filing, the unnamed employee joined OpenAI from Apple and stayed for six months.

Some of the files, which include images of the device and manufacturing data, were sent just after midnight in Singapore on 2 June, his last day.

OpenAI also says he presented its product plans months ago to Apple’s senior leaders, including its vice president of operations in Asia.

It points to HomeView, the $299 smart display Apple launched on Tuesday, as a sign that Apple is now pushing into AI products.

OpenAI said in the filing that it was “very concerned that its trade secret and confidential information is now circulating inside Apple.”

Apple, however, denies the claims. It told Reuters it has rules that prevent new staff from using confidential data from past jobs and found no evidence for OpenAI’s claims.

In a letter dated 12 October, Apple’s lawyers said the phone numbers OpenAI named did not match the employee’s work number.

Apple had also found no OpenAI files on its servers. According to Apple, OpenAI went to court instead of replying.

The dispute began in July, when Apple sued OpenAI, alleging that former staff, including Chang Liu and Tang Tan, now OpenAI’s chief hardware officer, took hardware secrets. OpenAI has disputed Apple’s account.

The filing does not bring counterclaims against Apple. Instead, OpenAI asked the court for a schedule that would allow it to look into the matter and, if needed, file counterclaims later.

Meanwhile, also on Wednesday, US District Judge Edward Davila said he was “highly likely” to grant Apple’s request for a preliminary injunction.

OpenAI then agreed not to use the alleged trade secrets while the case continues. As part of the deal, which the judge can enforce, forensic copies will be made of the devices of 14 staff who may hold Apple data.

A day earlier, Davila gave Apple faster access to some evidence. Apple can now get OpenAI’s hiring and interview records and question Liu, Tan, and Alyssa Peng, another former Apple worker, under oath sooner.

The case is likely to go to trial in October 2027, according to Reuters, although OpenAI says it could be ready by June 2027.

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