Apple and OpenAI are currently embroiled in a lawsuit. Apple is accusing two of its former employees, Chang Liu and Tang Tan, along with OpenAI and io Products of trade secret misappropriation. Basically, Apple believes its former employees used information stolen from Apple to help their new employers develop their products. While the lawsuit is far from over, Apple scored a small victory by gaining expedited access to evidence against OpenAI.
Apple granted expedited access to evidence in OpenAI case
In his latest ruling, Judge Edward Davila just widened what Apple can demand from the other side. This effectively expands Apple’s expedited discovery in its trade secrets lawsuit against Liu, Tan, OpenAI, and io Products.
This builds on his October 13 order, which gave Apple early access to select documents, forensic evidence, and employee testimony. However, Davila isn’t giving Apple completely access. He held back on a few other requests because Apple’s definition of “Apple Originated Information” was too broad. Apple and the defendants have since agreed on a narrower version, and Davila adopted it with some changes.
With that out of the way, Apple can now get records of Liu’s use of ChatGPT, Claude, Codex, OpenClaw, and other AI tools. It covers both personal and work devices and accounts. Apple can also get details on the devices, accounts, and messaging apps Liu and Tan allegedly used to handle confidential Apple information.
That being said, not everything went Apple’s way. Davila denied requests for details about OpenAI’s own devices and accounts, along with its internal investigations. He also sent two corporate testimony requests to regular discovery, calling them too broad for now.
A bit of context
Apple filed the lawsuit earlier this year in July. The company claims Liu and Tan, along with OpenAI and io Products, used confidential Apple information to speed up OpenAI’s consumer hardware plans.
It’s worth mentioning that Tan spent 24 years at Apple before becoming OpenAI’s chief hardware officer. Apple also claims Tan told Apple employees interviewing at OpenAI to bring real parts with them.
OpenAI has since denied all of it. The company says it has no interest in other companies’ trade secrets. In August, Apple asked for a preliminary injunction and early discovery. OpenAI, on the other hand, asked the judge to dismiss the case.
At an October 14 hearing, Davila said he’s highly likely to grant that injunction. In the meantime, OpenAI agreed not to use the alleged secrets while the case plays out.
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