Sam Altman’s OpenAI obtained evidence that a former employee brought more than 100 confidential files about an unreleased device with him upon joining Apple, according to a bombshell filing Wednesday in the trade secret theft case between the two tech giants.
The ChatGPT maker said the alleged theft by an unnamed ex-employee was discovered during a “recent and ongoing forensic investigation” related to the lawsuit. Apple first sued OpenAI and two former employees in July, accusing them of stealing its trade secrets, including “dozens of Apple’s confidential hardware-related files.”
In its filing, OpenAI alleged that its ex-employee “sent over a hundred highly confidential files about at least one unreleased OpenAI device under development to his personal accounts.” The allegedly stolen files included files with “detailed images” and “highly confidential engineering and manufacturing data about the device(s).”
“Some of those files were sent just after midnight in Singapore on June 2, 2026 — the former employee’s final day at OpenAI,” the filing said. “Further, it is OpenAI’s understanding that the former employee made a presentation about OpenAI’s product plans to Apple’s senior leadership, including Apple’s vice president of operations in Asia.”
The employee in question, who previously worked at Apple, joined OpenAI for a period of six months before ultimately returning to Apple, according to the filing. OpenAI claims that the documents aided Apple’s “new push into AI-enabled products” — and specifically referenced this week’s launch of the “Apple Home” line of smart home accessories.
OpenAI said it approached Apple about the incident but has not received “requested assurances” that the company, led by CEO John Ternus, is not in possession of or made use of the documents.
“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,” the filing said.
Rached for comment, an Apple spokesperson said the company has strict policies in place to ensure new employees don’t misuse confidential information from their prior employers. Apple found no evidence to support OpenAI’s claim and hasn’t responded to requests for more information, the spokesperson added.
The allegation surfaced on the same day as a key hearing in the case. US District Judge Edward Davila said he was “highly likely” to side with Apple on its request to grant an injunction barring use of its proprietary information by ex-Apple employees who now work for OpenAI, Bloomberg reported.
At the same time, Davila threw cold water on Apple’s push for a forensic inspection of all OpenAI devices and code repositories for stolen trade secrets, describing the request as a “huge ask.”
Apple reportedly responded that it was content to limit the inspection to a handful of employees who left the company for jobs at OpenAI.
Apple’s lawsuit against OpenAI identified Chang Liu, a former senior system electrical engineer at Apple, and Tang Yew Tan, a former VP of product design, as the two employees who allegedly took the company’s IP with them on the way out the door.
Liu allegedly failed to return his Apple-issued laptop and used a software bug to access confidential files after he had already left the company.
The lawsuit claimed that Liu “celebrated his improper access, exclaiming in a message left on his colleague’s Apple-issued work laptop ‘LOL’ and that it was ‘so funny.’”
The complaint also accused Tan of “methodically using Apple’s confidential information to benefit OpenAI,” such as by emailing himself information about the company’s suppliers before his exit.
OpenAI has strongly denied the allegations, stating that it has “no interest in other companies’ trade secrets.”