Apple has presented new evidence in its trade secret lawsuit against OpenAI, claiming a former employee, Chang Liu, deleted files from an Apple-issued MacBook after becoming aware of an internal investigation. The company filed a motion on August 31, 2026, seeking an expedited discovery process based on this new information. Apple's lawsuit, initially filed in July, accuses OpenAI and two former Apple employees, Chang Liu and Tang Tan, of misappropriating trade secrets related to hardware design and other confidential information.
The core of Apple's recent submission centers on a forensic analysis of a MacBook that Liu retained after his departure from Apple to join OpenAI. Apple alleges that this analysis revealed Liu deleted a substantial number of files from the device after he was informed of an investigation into his activities. This alleged deletion of data is a central point in Apple's argument for an accelerated discovery process.
OpenAI, in its own court filing on the same day, countered Apple's claims, describing the situation as "a mess of Apple's own making." OpenAI contended that Apple's internal procedures contribute to such issues, citing practices like encouraging employees to use personal iCloud accounts for company documents and providing insufficient time for departing employees to return devices and transfer files. OpenAI's filing also noted that former employees are sometimes contacted by their previous teams for assistance, which may necessitate accessing company information after their departure.
The ongoing legal dispute seeks to determine whether Liu and Tan unlawfully acquired and used confidential information from their time at Apple to aid OpenAI in developing an AI hardware product. Apple specifically alleges that both engineers downloaded confidential engineering files after leaving the iPhone maker.
This is not the first instance of Apple pursuing legal action against former employees for alleged trade secret theft. In March 2021, Apple sued Simon Lancaster, a former advanced materials engineer and product designer, accusing him of stealing trade secrets and leaking them to a journalist. According to that complaint, Lancaster, who worked at Apple for over a decade, used his seniority to access internal meetings and documents beyond his job responsibilities. The stolen information allegedly included details of unreleased hardware products, unannounced feature changes, and future product announcements. Apple claimed Lancaster provided these secrets to an unnamed "correspondent" who then published articles citing a source at Apple. The lawsuit further alleged that Lancaster sought personal benefits, such as favorable coverage for a startup he had invested in, in exchange for Apple's secrets.
In the Lancaster case, Apple's investigation of his company-issued devices reportedly showed he communicated with the correspondent regarding specific trade secrets and took steps to obtain additional confidential information. On his last day at Apple, Lancaster allegedly downloaded a "substantial number" of confidential documents to his personal computer. The Santa Clara District Attorney's Office initiated a criminal investigation into Lancaster concerning Apple's claims in October 2021, including search warrants for his online accounts and computers. Lancaster denied Apple's allegations of misappropriating trade secrets or breaching his contract. He filed a motion to stay the civil proceedings, arguing that continuing the civil case could compromise his Fifth Amendment rights given the overlap with the criminal investigation.
Apple and Lancaster ultimately settled that lawsuit in November 2022. As part of the settlement, Lancaster agreed to pay an undisclosed sum to Apple and was prohibited from disclosing any confidential information related to Apple without explicit written consent.
The current lawsuit against OpenAI and its employees highlights Apple's continued efforts to protect its intellectual property. The company's recent filing, detailing the alleged evidence destruction by Liu, seeks to expedite the legal process as it pursues claims of trade secret misappropriation in the burgeoning AI hardware sector.