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Apple Seeks Access to OpenAI Hardware R&D and Forensic Images in Trade Secret Lawsuit

🔄 Updated 11d ago — new reporting from 9to5Mac
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Key points

  • Apple sued OpenAI and former employees for trade secret misappropriation.
  • Apple seeks access to forensic images and OpenAI's hardware R&D documents.
  • OpenAI argues Apple's offboarding practices are responsible for information retention.
  • The dispute involves expedited discovery and a preliminary injunction request.
  • OpenAI asked the court to strike new evidence submitted by Apple.
  • Apple introduced five expert declarations and 13 exhibits in a reply brief.
  • Apple alleges Chang Liu accessed confidential engineering files after leaving Apple.
  • Apple alleges Tang Tan sought confidential information from Apple employees.
  • Apple accused OpenAI of exceeding court rules by introducing new arguments and testimony.
  • OpenAI and other defendants submitted documents countering Apple’s claims.
  • A judge ordered OpenAI to provide Apple with expedited access to hiring materials.
  • The hiring materials are for former Apple employees who applied for roles in OpenAI's consumer hardware and robotics groups.
  • The court gave OpenAI five days to turn over collected materials and 14 days for other requested materials.
  • Judge Edward Davila granted some of Apple's requests for expedited discovery.
  • Apple filed a trade secrets lawsuit against two former employees, OpenAI, and io Products.
  • OpenAI claims a former employee sent over 100 confidential files about an unreleased OpenAI device to personal accounts.
  • The former OpenAI employee worked for OpenAI for six months.
  • The files included detailed images and engineering/manufacturing data of the unreleased device(s).
  • OpenAI alleges the former employee presented information about the unreleased product to Apple leadership.
  • OpenAI is concerned its confidential information is influencing Apple's AI product development.
  • OpenAI cited Apple's HomeView product release.
  • The new allegation delayed a court showdown between OpenAI and Apple.
  • OpenAI may file a countersuit based on the new claim.
  • Apple denies finding evidence to support OpenAI's allegations.
  • Apple stated it has policies to prevent new employees from using confidential information from previous employers.
  • OpenAI voluntarily agreed not to use Apple's alleged trade secrets.
  • OpenAI's agreement followed a judge's indication to grant Apple's preliminary injunction request.
  • The agreement includes collecting forensic images from 14 OpenAI employees' devices.
  • Apple criticized OpenAI for filing in court without providing requested additional information.
  • The trial date for Apple's lawsuit is July 19, 2027.
  • Judge Davila set the trial date during an October 14 case management conference.
  • The parties had until October 23 to submit a proposed schedule.

Lawsuit Background

In early July, Apple filed a lawsuit against former employees, OpenAI, and io Products, alleging trade secret misappropriation. The suit claims former Apple employees took confidential information upon leaving the company. Specific allegations include a former employee coaching another on materials for an OpenAI interview and directing job candidates to bring hardware components to interviews.

Forensic Evidence and Allegations

Apple stated that an initial forensic inspection of a MacBook used by a former employee, Chang Liu, after his departure, revealed he used a confidential Apple circuit schematic for a simulation while at OpenAI. Apple also noted the MacBook indicated Liu's use of a Mac mini, which the company is now seeking to access as part of the case.

OpenAI's Defense and Disputed Requests

OpenAI has denied Apple's allegations, attributing the situation to Apple's 'lax offboarding and security practices.' OpenAI argues these practices made it easier for employees to unintentionally retain confidential information. Key points of contention include Apple's request for expedited discovery and a preliminary injunction to restrict OpenAI's use of alleged trade secrets, potentially affecting its hardware development.

Expedited Discovery and Court Involvement

Apple contends that expedited access to evidence is necessary because OpenAI's ongoing hardware development could further entangle any alleged use of Apple's trade secrets, making them harder to undo. OpenAI, however, argues that Apple has not justified the need for expedited discovery and that its requests are overly broad. The court has directed both parties to submit a joint filing outlining their positions on expedited discovery, which has now been made public.

Apple's Latest Demands

In the recently publicized joint filing, Apple has formally requested that the court permit its own forensic experts to review the underlying forensic images used in the case. Additionally, Apple is seeking access to documents related to specific parts of OpenAI’s hardware research and development.

Updates

🕒 2026-10-29 · new reporting from 9to5Mac
  • The trial date for Apple's lawsuit is July 19, 2027.
  • Judge Davila set the trial date during an October 14 case management conference.
  • The parties had until October 23 to submit a proposed schedule.
🕒 2026-10-15 · new reporting from 9to5Mac
  • Apple criticized OpenAI for filing in court without providing requested additional information.
🕒 2026-10-15 · new reporting from 9to5Mac
  • OpenAI voluntarily agreed not to use Apple's alleged trade secrets.
  • OpenAI's agreement followed a judge's indication to grant Apple's preliminary injunction request.
  • The agreement includes collecting forensic images from 14 OpenAI employees' devices.
🕒 2026-10-14 · new reporting from 9to5Mac, Guardian Technology
  • OpenAI claims a former employee sent over 100 confidential files about an unreleased OpenAI device to personal accounts.
  • The former OpenAI employee worked for OpenAI for six months.
  • The files included detailed images and engineering/manufacturing data of the unreleased device(s).
  • OpenAI alleges the former employee presented information about the unreleased product to Apple leadership.
  • OpenAI is concerned its confidential information is influencing Apple's AI product development.
  • OpenAI cited Apple's HomeView product release.
  • The new allegation delayed a court showdown between OpenAI and Apple.
  • OpenAI may file a countersuit based on the new claim.
  • Apple denies finding evidence to support OpenAI's allegations.
  • Apple stated it has policies to prevent new employees from using confidential information from previous employers.
🕒 2026-10-13 · new reporting from TechCrunch, 9to5Mac
  • A judge ordered OpenAI to provide Apple with expedited access to hiring materials.
  • The hiring materials are for former Apple employees who applied for roles in OpenAI's consumer hardware and robotics groups.
  • The court gave OpenAI five days to turn over collected materials and 14 days for other requested materials.
  • Judge Edward Davila granted some of Apple's requests for expedited discovery.
  • Apple filed a trade secrets lawsuit against two former employees, OpenAI, and io Products.
🕒 2026-10-06 · new reporting from 9to5Mac
  • Apple accused OpenAI of exceeding court rules by introducing new arguments and testimony.
  • OpenAI and other defendants submitted documents countering Apple’s claims.
🕒 2026-09-26 · new reporting from 9to5Mac
  • OpenAI asked the court to strike new evidence submitted by Apple.
  • Apple introduced five expert declarations and 13 exhibits in a reply brief.
  • Apple alleges Chang Liu accessed confidential engineering files after leaving Apple.
  • Apple alleges Tang Tan sought confidential information from Apple employees.

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How outlets covered it

A federal judge set July 19, 2027, as the official trial date for Apple's trade secrets misappropriation lawsuit against two former employees, OpenAI, and io Products. Apple alleges the defendants improperly used confidential information to aid OpenAI's consumer hardware development.

Apple received expanded access to evidence in its trade secrets lawsuit against former employees Chang Liu and Tang Tan, OpenAI, and io Products. This decision allows Apple to obtain more records related to confidential information handling, AI tool usage, and OpenAI's recruitment and hardware development practices.

Apple has formally responded to OpenAI's claims that a former OpenAI employee, who later returned to Apple, transferred over a hundred confidential files to personal accounts. Apple states its investigation found no evidence supporting the allegations and criticizes OpenAI for filing in court without providing requested additional information.

OpenAI voluntarily agreed not to use Apple's alleged trade secrets during an ongoing lawsuit, following a judge's indication to grant Apple's request for a preliminary injunction. This agreement includes collecting forensic images from 14 OpenAI employees' devices, aiming to prevent the use or disclosure of confidential information while the case proceeds.

OpenAI alleges a former employee, now working at Apple, transferred over 100 files about an unreleased OpenAI product to a personal account and presented them to Apple leadership. This accusation is part of an ongoing trade secrets lawsuit between OpenAI and Apple, with OpenAI expressing concern that its confidential information is influencing Apple's AI product development.

OpenAI claims a former employee, who later joined Apple, transferred over 100 confidential files related to an unreleased OpenAI device to personal accounts on their last day. Apple denies finding evidence to support these allegations, which are part of an ongoing trade secrets lawsuit between the two companies.

A judge granted Apple's request for expedited discovery in its trade secrets lawsuit against former employees, OpenAI, and io Products. This allows Apple early access to internal documents and testimony to investigate alleged misappropriation of confidential information related to its product and technology development.

A judge ordered OpenAI to provide Apple with expedited access to hiring materials related to former Apple employees who applied for roles in OpenAI's consumer hardware and robotics groups. This ruling is part of Apple's trade secrets lawsuit against OpenAI, which alleges theft of confidential information by former employees now working at OpenAI.

Apple accused OpenAI of exceeding court rules by introducing new arguments and testimony in its response to Apple's preliminary injunction request. This follows OpenAI's earlier accusation that Apple improperly added new evidence in the ongoing trade secret misappropriation lawsuit.

OpenAI and co-defendants in Apple's trade secret lawsuit have asked the court to strike new evidence submitted by Apple. They argue Apple improperly introduced five expert declarations and 13 exhibits in a reply brief, denying them a fair chance to respond.

Apple has requested court permission for its experts to review forensic images and access OpenAI's hardware R&D documents as part of its trade secret misappropriation lawsuit. Apple alleges former employees took confidential information to OpenAI, impacting its hardware development, while OpenAI claims Apple's offboarding practices are at fault.