Apple v OpenAI: judge orders expedited disclosure of evidence in trade secrets case

Judge Edward Davila has ordered OpenAI to promptly hand over forensic images of devices and communications between two former Apple engineers, for fear that evidence might be destroyed.

Federal Judge Edward J. Davila, of the Northern District of California, partially granted Apple's request for an expedited disclosure process in the lawsuit against OpenAI since July. Apple has been accusing OpenAI, its former head of hardware Tang Yew Tan and former engineers since July of orchestrating the theft of information about its future products for the benefit of OpenAI's hardware projects.

The magistrate believes that there is a real risk of destruction of evidence, based on a conversation between two former employees, Chang Liu and Alyssa Peng, about the deletion of devices belonging to Apple. OpenAI must provide forensic images of these devices, summaries of certain interviews, their exchanges on the LINE messaging service and documents on their functions at OpenAI. Chang Liu, Alyssa Peng and Tang Yew Tan will also have to be heard in early testimony.

Rejected or postponed applications

The judge refused to expedite access to OpenAI's work on metal finishes, energy management and batteries, and deferred his decision on the notion of "Apple-sourced information" as too vague. A hearing was scheduled to consider OpenAI's request to dismiss the next day, which calls the complaint a pretext, and Apple's request for a preliminary injunction.