Judge orders OpenAI to hand Apple some device forensics early in Apple’s trade secrets lawsuit
The court partly granted Apple’s request for fast-tracked evidence, citing a risk that device data could be lost. OpenAI says the lawsuit is baseless.
How this story was checked
- ResearchedWith AI assistance · 3 sources
- AI source checkEach sentence matched to its source
- Editor approvalMayank Sahu · 14 Oct, 15:42
- Published14 Oct, 13:34
- ↻Updated · v2Re-checked · 14 Oct, 15:42
In short
On 13 October 2026, US District Judge Edward J. Davila partly granted Apple’s request for expedited discovery in its trade secrets lawsuit against OpenAI, io Products and former Apple employees, ordering OpenAI to produce certain device forensic images and documents. OpenAI calls the suit baseless.
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The ruling
US District Judge Edward J. Davila on 13 October 2026 partly granted Apple’s request for expedited discovery, or early access to evidence, in its trade secrets lawsuit, Bloomberg Law reports.1
Apple sued OpenAI, OpenAI’s hardware company io Products and former Apple employees in July, alleging a coordinated effort to take confidential information about upcoming Apple products.12
What OpenAI must hand over
According to Bloomberg Law, the court ordered OpenAI to produce:1
- forensic images of devices it has already collected;
- certain messages between two former Apple employees;
- summaries of certain interviews and documents describing the former employees’ roles at OpenAI.
Two former employees and Tang Tan, Apple’s former hardware design chief, must also give early depositions, along with company representatives.12
Why the judge agreed
The judge found a real risk that forensic evidence on the engineers’ devices could be lost, pointing to messages about wiping Apple-owned devices, Bloomberg Law reports.1 He also said early discovery was needed in case any trade secrets became entangled with OpenAI’s products in ways that could not be undone.1
What the judge refused
Fast-tracked discovery into OpenAI’s research on metal finishes, power management and batteries was denied and will follow the normal timetable.12 The judge called Apple’s definition of “Apple Originated Information” “amorphous as currently defined” and asked Apple to narrow it.12
Deadlines
TechCrunch reports that OpenAI has five days to hand over materials it has already collected and 14 days for other related materials.3 It also reports that the refused requests are not final: the judge left room for Apple to narrow them and ask again.3 TechCrunch describes Tang Tan as OpenAI’s chief hardware officer.3
What each side says
OpenAI says the lawsuit is baseless and a pretext for Apple’s difficulties in hiring and keeping talent.12 The ruling does not decide whether any trade secrets were taken.
What comes next
Bloomberg Law reported a hearing on OpenAI’s motion to dismiss and Apple’s request for a preliminary injunction was set for the following day.1
Fact ledger
How labels workQuestions readers ask
What did the judge order in Apple v OpenAI?
That OpenAI hand over certain device forensic images, messages and documents early, and that some people give early depositions.
Did the court find OpenAI took trade secrets?
No. This is an early evidence ruling. It does not decide the case.
What does OpenAI say?
OpenAI says the lawsuit is baseless and a pretext for Apple’s talent difficulties.