OpenAI today suggested Apple could be using its trade secrets, the very thing Apple is already suing OpenAI for. In a court filing, OpenAI accused an ex-employee of giving sensitive data about an unreleased product to Apple.
The unnamed employee joined OpenAI from Apple and then returned after six months. OpenAI claims the person sent "over a hundred highly confidential files" to personal accounts, including manufacturing data and detailed images of at least one unreleased product. The former employee allegedly "made a presentation" on OpenAI product plans for Apple's senior leadership "months ago," and OpenAI is worried Apple could use that information to further its work on AI devices.
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 has raised these issues directly with Apple, but to date, Apple has not provided OpenAI with the requested assurances that Apple is not in possession of, and has not used, OpenAI's trade secret and confidential information.
OpenAI asked the court for permission to investigate and pursue counterclaims if necessary. Apple told Reuters it has found no evidence to support OpenAI's claims and it has policies in place to ensure new employees do not use confidential information from previous employers.
Apple and OpenAI have been involved in a tense legal battle since Apple sued OpenAI in July. Apple says OpenAI employees Chang Liu and Tang Tan stole trade secrets from Apple to develop new AI hardware. OpenAI called the lawsuit "careless, aggressive and oddly personal," stating that it does not "have, nor want, any of their trade secrets" because it is "much more interested in building innovative products and technologies that push the frontier."
Yesterday, the court partially granted Apple's request for expedited discovery. OpenAI has up to two weeks to hand over forensic evidence as well as materials used when interviewing former Apple employees. Liu, Tan, and Alyssa Peng, Liu's former Apple colleague, will need to sit for depositions after Apple gets the requested information.
Judge Edward Davila, who is overseeing the case, said during a hearing today that he is "highly likely" to grant a preliminary injunction prohibiting OpenAI from using Apple's allegedly stolen trade secrets. Bloomberg says an injunction would "mark a potential setback" for OpenAI's hardware development efforts.
