Apple has scored another win in its trade secrets misappropriation lawsuit against two former employees, OpenAI, and io Products. Here are the details.
A bit of context
Earlier this month, Judge Edward Davila granted some of Apple’s requests for expedited discovery in the lawsuit where the company accuses two former employees (Chang Liu and Tang Tan), as well as OpenAI and io Products, of trade secret misappropriation.
As we’ve been covering since July, Apple filed this lawsuit accusing the defendants of improperly accessing or using confidential information about its products and technologies to help advance OpenAI’s consumer hardware development efforts.
As part of the lawsuit, Apple asked Judge Davila to issue a preliminary injunction (aimed at preventing the defendants from further using its alleged trade secrets), as well as expedited discovery to obtain early access to internal documents, forensic evidence, and employee testimony.
In his decision partially granting Apple’s request for expedited discovery, Judge Davila gave the company early access to select internal documents, forensic evidence, and employee testimony.
However, he postponed ruling on several other requests, finding Apple’s definition of “Apple Originated Information” too broad.
Following the decision, Apple and the defendants agreed on a narrower definition of the term, which Judge Davila has now adopted (with modifications), allowing Apple to pursue additional discovery.
Today’s decision
In his new decision, Judge Davila granted several of Apple’s previously deferred requests, expanding the company’s access to records concerning its former employees’ handling of confidential information, their use of AI tools, and OpenAI’s recruitment and hardware development practices.
- Records of Liu’s use of ChatGPT, Claude, Codex, OpenClaw, and other AI tools, including on personal and corporate devices and accounts.
- Details about devices, accounts, and messaging apps Liu and Tan allegedly used to access, store, or share confidential Apple information.
- Details about any confidential Apple information that may have been deleted or destroyed, including when, how, why, and by whom
- Testimony from OpenAI and io Products representatives about work involving Apple information related to batteries, power management, and metal finishing.
- Testimony about OpenAI’s interviews involving Apple employees, including whether confidential Apple information was discussed or solicited.
- Testimony about steps OpenAI took (or failed to take) to prevent unauthorized use or disclosure of Apple information.
That said, he also denied Apple’s requests for details about OpenAI’s own devices and accounts, its internal investigations, and any potential deletion of confidential Apple information.
He also denied two additional requests for corporate testimony, finding that they were “too broad at this stage and better suited for merits discovery,” meaning Apple can pursue them through the regular discovery process.
Under the new order, the defendants have up to 14 days to produce the requested records and respond to Apple’s questions.
You can read the full decision below:
gov.uscourts.cand.474095.197.0Download
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