Apple v. OpenAI: a US judge partly grants Apple's motion for expedited discovery, ordering OpenAI to hand over forensic images of devices and other documents

OpenAI must now provide Apple with forensic images of devices and other evidence related to alleged trade secret theft, potentially accelerating Apple's ability to prove its case.

A US federal judge has partly granted Apple's request for expedited discovery in its trade secrets lawsuit against OpenAI. Apple accuses OpenAI of poaching former employees and stealing information about upcoming consumer hardware products. The judge cited a risk of evidence destruction, particularly regarding communications between former Apple engineers Chang Liu and Alyssa Peng, who allegedly discussed wiping their Apple-issued devices. Consequently, OpenAI must now provide forensic images of devices, summaries of employee interviews, specific chat logs, and documents related to the former employees' roles at OpenAI. Early depositions for these individuals have also been ordered. This decision precedes a hearing on OpenAI's motion to dismiss the case and Apple's bid for a preliminary injunction. While the judge allowed expedited discovery for some evidence, requests related to specific hardware functionalities like metal finishes and battery management were denied for ordinary timeline discovery.

This ruling signals a significant early victory for Apple in its aggressive pursuit of evidence against OpenAI, underscoring the critical role of expedited discovery in trade secret litigation, especially when the core of the dispute involves potentially vanishing digital evidence. The judge's direct acknowledgment of the risk of data destruction highlights a growing concern for companies competing in the fast-paced AI hardware development space, where intellectual property can be deeply integrated into product roadmaps.

The decision implies that courts are prepared to intervene early and decisively to preserve evidence in high-stakes intellectual property disputes between major tech players. It also sets a precedent for how trade secret theft allegations involving former employees moving between deeply competitive companies will be handled, potentially increasing the pressure on AI firms to implement more robust data security and compliance measures from the outset.