OpenAI Says a Former Employee Who Returned to Apple Took Files on Its Unreleased Device

OpenAI told a federal court on October 14, 2026 that a former employee, who joined it from Apple and went back to Apple after six months, sent over a hundred highly confidential files about at least one unreleased OpenAI device to his personal accounts. OpenAI also alleges, in its filing, that he presented OpenAI's product plans to Apple's senior leadership.

The accusation reverses the direction of a case Apple started on July 10, 2026, when it sued OpenAI and alleged that former Apple staff took Apple trade secrets to help build OpenAI's first device, a lawsuit that puts OpenAI's move from software into the AI hardware business in front of a judge. The claims in both sides' filings are allegations that no court has ruled on.

What does OpenAI accuse the former employee of?

OpenAI says the unnamed former employee sent over a hundred confidential files about at least one unreleased device to personal accounts, some of them just after midnight in Singapore on June 2, 2026, his last day at OpenAI. The files include detailed images of the device, engineering and manufacturing data, supplier information, project files, standards for cosmetic finishes and reports on the coating and sealing of hardware components, according to the filing.

OpenAI says a forensic investigation tied to the lawsuit turned this up. It writes that "it is OpenAI's understanding" that the employee gave a presentation on its product plans to Apple's senior leadership, including Apple's vice president of operations in Asia, "months ago." OpenAI does not name the employee or describe the device.

The filing says Apple has not given OpenAI the assurances it asked for that Apple does not hold and has not used the material. OpenAI asked to use the October 14 case management conference to discuss a schedule that lets it investigate and, if necessary, file counterclaims. Apple told Reuters it has found no evidence to support the claims and has policies to stop new hires from using a former employer's confidential information (Reuters via MacRumors).

Why does OpenAI point to Apple's new smart home devices?

OpenAI's filing says Apple is "making a new push into AI-enabled products" with the information, and its footnote cites Apple's announcement of a new Home Collection and a TechCrunch article on HomeView, the Siri AI smart display Apple unveiled on October 13, 2026. The filing ties the timing of those launches to the alleged presentation, but does not say which OpenAI material, if any, ended up in a specific Apple product.

The Verge, which says Reuters reported the filing first, adds that Apple's product plans usually run on long timelines and that an Apple smart display has been rumored for years. The filing was dated one day after both the HomeView launch and a discovery order against OpenAI in the same case.

How did Apple's lawsuit against OpenAI start?

Apple filed suit in the US District Court for the Northern District of California on July 10, 2026 against OpenAI, io Products and two former Apple employees: Tang Yew Tan, now OpenAI's chief hardware officer, and engineer Chang Liu. Apple accuses them of trade secret misappropriation and breach of their confidentiality agreements, according to the court's October 13 order.

Apple alleges that Tan asked job candidates to bring Apple hardware parts to interviews and coached departing staff on avoiding Apple's security checks, and that Liu kept an Apple laptop and downloaded confidential documents after he joined OpenAI, TechCrunch reported. io is the device startup of former Apple design chief Jony Ive that OpenAI acquired in a $6.5 billion deal (TechCrunch). The complaint says more than 400 former Apple employees now work at OpenAI (MacRumors). OpenAI has called the suit "careless, aggressive and oddly personal" and has asked the court to dismiss it (MacRumors).

Put side by side, the dates show that the departure OpenAI now describes came 38 days before Apple filed its lawsuit, and about four months after Apple says it first raised its concerns with OpenAI in a February letter that went unanswered (TechCrunch).

What did the judge order on October 13?

US District Judge Edward J. Davila granted part of Apple's request for expedited discovery on October 13, 2026, giving OpenAI five days to hand over forensic images and interview materials it has already collected and 14 days for the rest, according to the order. The material covers documents used to interview Apple candidates for OpenAI's consumer hardware and robotics groups, and LINE messages between Liu and Alyssa Peng, a former Apple colleague of Liu's, since January 1, 2026.

Davila approved depositions of Liu, Tan and Peng, but denied fast access to OpenAI's research on metal finishes, power management and batteries, leaving it for ordinary discovery (TechCrunch). At a hearing on October 14, he said he is highly likely to grant a preliminary injunction barring OpenAI from using the trade secrets Apple says were taken (Bloomberg via MacRumors).

What we don't know yet

• Who the former employee is, and which OpenAI device the files describe.
• Whether OpenAI will file counterclaims, and on what schedule the court will allow that.
• The exact terms of any preliminary injunction, and when Davila will rule.
• What, if anything, Apple's own review of the former employee's activity has found beyond its statement to Reuters.