苹果公司诉Chang Liu等人商业秘密盗用及合同违约诉讼

SAN JOSE DIVISION Case 5:26-cv-07078Document 1Filed 07/10/26Page 2 of 41 Applebrings this action againstChang Liu andTang Yew Tan (“Mr.Liu” and “Mr.Tan,”respectively andcollectively, the “Individual Defendants”),OpenAI Foundation and OpenAI GroupPBC (collectively, “OpenAI”),andioProducts,LLC(“io”)(OpenAIand iocollectively, the“Cor-porateDefendants”),andalleges as follows: INTRODUCTION 1.This case is aboutApple’sformeremployees stealingApple’strade secrets for thebenefit ofOpenAI. Apple brings this suit to put a stop to it. 2.Applehas invested hundreds of billions of dollars and decades of effortindevelopinggroundbreaking consumerhardware productslike iPhone, Apple Watch, andMacBook, along withthe business acumen and infrastructure to bring them to marketat scale.Thissustained and focusedinvestmentof time, talent, and resourceshas produced engineering breakthroughs, manufacturingandsupply chaininnovations, and a global network of strategic partnerships—allbuilt on confidentialityand trust.Apple surprises and delightsitscustomerseachyearwith innovative newhardwareprod-ucts,keepingmuch ofits work secret until the momentits finished products areready to be revealed. 3.Behind the scenes, Apple keeps itsproduct development, manufacturing, supply chain,technologyresearch,and other innovations confidential.The trade secrets spanning Apple’s hardwareoperations collectively constitute one of the most valuable intellectual assets inallofAmericanbusi-ness.TheyenableApple to bring new productswith unique featuresto consumers at extraordinaryspeed and scale.Appletakestheconfidentialityof itstrade secretsseriously.In the rare situationwhereApple becomes awarethatitsconfidential informationmay have been compromised—byathird party, a partner,anemployee, or anyone else—it investigatesandworksto contain andresolveany issues. Thiscasearises from such aninvestigation.Applehasuncovereda pattern oftheft ofApple’strade secrets byOpenAI employees whowere formerly at Apple. 4.Chang Liu spent eight years at Apple as aSenior System ElectricalEngineer, workingon some of Apple’s most sensitive productdevelopmentprograms. Appleentrustedhimwith highlyconfidential and tradesecret information.Mr.Liuleft in January 2026 to joinOpenAI. WhenApplecontactedMr.LiutosignApple’sconfidentialityreminder, schedule an exit interview, andconfirmthat he had returned his devices and complied with other exit procedures,Mr.Liudid not respond. Case 5:26-cv-07078Document 1Filed 07/10/26Page 3 of 41 5.Mr.Liu has taken steps to hide the full extent of his theft,which Apple is still investi-gating,buttheinvestigationalreadyhas revealed troubling facts: •After leaving Apple,Mr.Liufailed to returnan Apple-issuedworklaptopthat he had pre-viously authenticated to Apple’s network. In a message left on aformercolleague’sApple-issued work laptop hesaid,“I still have another computer”on which heplanned toaccessApple information.•While employed by OpenAI,heaccessed and used hisformercolleague’s Apple-issuedwork computer that was authenticated to Apple’s network,without Apple’s authorization.•While employed by OpenAI,Mr.Liualsoexploitedarare, previouslyunknownauthenti-cation bugto access Apple’s shared network folders.1Upondiscovering thathe hadthisunauthorizedaccessto Apple’s systems,Mr.Liudid not report it, return his stolen Apple-issued work laptop,ordelete theprogramthat allowedthe access.•Instead, hecelebratedhis improper access, exclaimingin a message left on his colleague’sApple-issued work laptop“LOL” andthat it was“so funny.”Then, overseveralweeks,whiledeveloping hardwareforOpenAI,Mr.Liusurreptitiouslyaccessed and downloadeddozensof Apple’s confidential hardware-related files, includingvoluminous,detailed in-formation aboutunreleased products,engineering presentations, technical specifications,and proprietary project data. 6.Messages left on an Apple-issued work laptop revealed thatMr.LiualsocoachedhisformerApplecolleague (whomhe was recruitingto join OpenAI)onwaysto“avoid trouble withthesecurity team”whencopyingconfidentialApplefiles.Knowing that OpenAIinterviewswould in-volvediscussingApple technology,Mr.Liuadvisedheronwhich confidential Apple materialaboutunannounced Apple productsshe shouldstudybefore her interview.Tohidehisillegal activity,Mr.Liudirectedhertocommunicatewith him privately overa separatemessaging app. Case 5:26-cv-07078Document 1Filed 07/10/26Page 4 of 41 7.As Apple continuedinvestigating,a broader pattern emerged.Mr.Liu was not theonly one using Apple’s proprietary information to OpenAI’s advantage.Other former Apple employ-ees who had gone to work for OpenAIemailedthemselvesApple’s confidential informationtoper-sonal accounts on their way out the door.And otherswereimproperly usingtheir knowledge of Ap-ple’s confidential and trade secret information to assist OpenAI indevelopinghardware. 8.Tang Yew Tan spent twenty-four years at Apple,most recently asVice President ofProduct Design for iPhone and Apple Watch.Today heis OpenAI’s