Apple Inc. (NASDAQ:AAPL) appears to have gained an edge in its escalating trade secrets battle with OpenAI, according to Deepwater Asset Management managing partner Gene Munster, who said the iPhone maker’s latest allegations could prove difficult for the AI company to overcome.
Gene Munster Says Apple Has the Upper Hand
On Tuesday, Munster took to X and said that Apple appears to have the upper hand in the legal dispute after the company presented new evidence in its lawsuit against OpenAI.
"In reviewing what both companies have said over the last 24 hours, it seems Apple has the upper hand," Munster wrote, arguing that Apple’s claims about evidence being destroyed are likely credible.
"Because if they weren’t true, it would be a reckless move from a company that typically plays a conservative legal hand," he added.
Apple’s ‘Shocking Evidence’ Raises Stakes
Apple recently examined a MacBook belonging to former employee Chang Liu, who now works at OpenAI. The company told the court that a forensic review showed he downloaded a confidential Apple circuit schematic and used it in his work at OpenAI.
Apple also alleged that Liu retained unauthorized access to Apple data after leaving the company.
Apple is seeking expedited discovery and a preliminary injunction that would restrict OpenAI and the former employees from using or disclosing the alleged trade secrets while the case proceeds.
OpenAI Calls Apple Lawsuit ‘Its Own Making’
OpenAI has strongly denied Apple’s allegations, arguing that Apple has failed to show that confidential information was improperly taken or used.
The company has instead blamed Apple’s employee offboarding and access controls, saying Liu’s continued access resulted from Apple’s own systems. OpenAI called the dispute "a mess of Apple’s own making" in a court filing.
The lawsuit, filed in July, comes as OpenAI expands its hardware ambitions and has recruited hundreds of former Apple employees.
Price Action: Apple closed at $325.13, up 2.61% on Tuesday, while shares were trading at $324.80 in Wednesday’s premarket, down 0.10%, according to Benzinga Pro.
Benzinga Edge Stock Rankings place Apple in the 97th percentile for Quality, highlighting its strong performance across the short, medium and long term.

Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.
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