Judge Edward Davila granted Apple part of the early discovery it wanted in its trade secrets lawsuit against OpenAI, io Products, and two former Apple employees. His order, dated October 13, gives Apple forensic images, interview materials, and depositions ahead of the normal discovery schedule.
Apple sued in July, accusing Chang Liu and Tang Yew Tan of using confidential Apple information to help OpenAI build consumer hardware. The case is number 5:26-cv-07078 in the Northern District of California. Apple asked for expedited discovery on August 4 to support its request for a preliminary injunction, and OpenAI argued the demands were too broad and that regular discovery was about to open.
OpenAI must hand over forensic images, interview materials, and Liu’s messages
Davila found good cause for a narrower version of Apple’s requests. The defendants have 14 days to respond, or five days for anything they have already collected, and the order covers three categories of material.
- Every forensic image the defendants have already collected for this case, including those examined by OpenAI’s forensic expert
- Documents used to guide or run interviews of Apple candidates for OpenAI’s Consumer Hardware Products Group, including checklists, scripts, and technical deep dive presentations, along with summaries of those interviews
- All LINE conversations between Liu and Yu-Ting “Alyssa” Peng since January 1, 2026
The judge said the forensic images have become a prominent part of the injunction fight, and he agreed Apple needs them to look for flaws in the defendants’ analysis. He also accepted Apple’s concern that logs, metadata, and usage records are fragile and could be lost or overwritten.
That concern ties to a June 2026 exchange in which Liu told Peng to have Apple-issued devices “restored” and then use them more. The defendants note that Apple does not claim anything was deleted, and the judge declined to weigh the competing forensic findings at this stage.
Liu, Tan, and Peng will be deposed, along with OpenAI and io Products
Apple can depose Liu, Tan, and Peng, and the judge denied a request to depose a fourth person named in Apple’s narrowed requests. Those depositions must take place within 30 days after Apple receives the responses the order allows.
Apple can also take a corporate deposition of OpenAI Foundation, OpenAI Group PBC, and io Products on at least one topic, which covers the roles and responsibilities of the witnesses and of Liu, Tan, and Peng. The judge would not rule that these depositions fall outside the usual federal limits, and he said he will hear motions to exceed those limits when they come up.
Apple’s request for OpenAI hardware research files waits for regular discovery
The judge denied early access to OpenAI documents on metal finishes, power management, and battery functionality for consumer hardware, and sent them to ordinary discovery. He also deferred every request and deposition topic that uses the term “Apple Originated Information,” which he called amorphous as written.
The judge agreed with the defendants that the definition is broad enough to reach information belonging to third parties. Apple has five days to confer with the defendants and offer a tighter version.
The judge decided the motion without oral argument and vacated the October 14 hearing that had been set for it.
via 9to5Mac
