Apple wins fast access to OpenAI device data ahead of key court hearing

A federal judge in California has ordered OpenAI to quickly provide Apple with selected evidence in Apple’s trade secrets lawsuit against the AI company and several former Apple employees.

Annelise Levy reports for Bloomberg Law that US District Judge Edward J. Davila partly granted Apple’s request for expedited discovery. The order comes before a hearing on OpenAI’s request to dismiss the case and Apple’s effort to secure a preliminary injunction.

Apple sued OpenAI, former Apple hardware chief Tang Yew Tan, and former employees Chang Liu and Alyssa Peng in July. Apple alleges they coordinated the improper transfer of confidential information about future consumer hardware products. OpenAI denies the allegations and calls the lawsuit an attempt to address Apple’s difficulties competing for talent.

Davila said there was a legitimate risk that important forensic evidence could disappear. He cited a conversation between Liu and Peng about wiping Apple-owned electronics. The judge said early access to certain material was needed because allegedly misappropriated information could become embedded in OpenAI’s product development and research work.

What OpenAI must provide

• Forensic images of relevant devices.
• Summaries of specified interviews with Apple employees.
• Messages between Liu and Peng on the LINE platform.
• Documents describing the former Apple employees’ duties at OpenAI.

Liu, Peng, and Tan must also sit for early depositions. However, Davila rejected Apple’s request for accelerated access to OpenAI research and development records involving metal finishes, power management, and battery functions. Those materials can be sought through the normal discovery process.

The judge also postponed a decision on requests involving “Apple Originated Information.” He said the term was too vague and could impose an unreasonably heavy burden on OpenAI.