Apple Inc. (NASDAQ: AAPL) appears to have gained an advantage in its legal battle with OpenAI, according to Deepwater Asset Management managing partner Gene Munster. Munster stated on X that the iPhone maker has the 'upper hand' after Apple presented new evidence in the lawsuit.
Munster argued that Apple’s claims regarding destroyed evidence are likely credible. He noted that if the allegations were false, it would be a 'reckless move' for a company known for a conservative legal approach.
Apple recently examined a MacBook belonging to former employee Chang Liu, who now works at OpenAI. The company informed the court that a forensic review showed Liu downloaded a confidential Apple circuit schematic and used it in his work at OpenAI. Additionally, Apple alleged that Liu retained unauthorized access to Apple data after leaving the company.
OpenAI has strongly denied these allegations. The company argues that Apple failed to show that confidential information was improperly taken or used. Instead, OpenAI has blamed Apple’s employee offboarding and access controls, stating that Liu’s continued access resulted from Apple’s own systems. In a court filing, OpenAI described the dispute as 'a mess of Apple’s own making.'
The lawsuit was filed in July. Apple is seeking expedited discovery and a preliminary injunction to restrict OpenAI and the former employees from using or disclosing the alleged trade secrets while the case proceeds.
On Tuesday, Apple closed at $325.13, up 2.61%. Shares were trading at $324.80 in Wednesday’s premarket, down 0.10%.