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Apple challenges OpenAI forensic analysis in trade secrets lawsuit

9to5Mac •
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Apple has asked the court overseeing its lawsuit against OpenAI and io Products to allow its own experts to review forensic images used in the case. The lawsuit, filed in early July, accuses former Apple employees of trade secret misappropriation. Apple alleges former employee Chang Liu coached another employee on materials to review ahead of an OpenAI interview, while Tang Tan directed job candidates to bring hardware components to interviews.

Apple claims a forensic inspection of Liu's MacBook after he left the company showed he used a confidential Apple circuit schematic to run a simulation while working at OpenAI. OpenAI has refuted the allegations, arguing Apple's allegedly lax offboarding practices made it easier for employees to retain confidential information. A key point of contention is Apple's request for expedited discovery, which OpenAI has opposed.

Apple argues it needs access because OpenAI is still developing its hardware product, making alleged trade secret use increasingly difficult to undo. In the joint filing, Apple asks the court to allow its forensic experts to review the underlying images the defendants' experts relied on. Apple claims its expert has already identified critical flaws in the defendants' analysis, including failures to locate files on Liu's Mac Mini and incorrect conclusions about file access dates.

Apple argues giving its experts direct access is critical to understanding other errors. OpenAI proposes a neutral forensic expert handle the images under a jointly agreed protocol, arguing Apple would be at a disadvantage otherwise. Apple is also seeking expedited access to documents related to OpenAI's hardware development, including work on metal finishes and power systems.