Judge grants yet more of Apple's requests for OpenAI information

As the case gets closer to trial, OpenAI has been ordered to give Apple more details about how its employees use devices and tools, and how the company hires people.

Apple has asked the court to let it collect evidence early in its lawsuit against OpenAI. Apple claims that OpenAI stole trade secrets and argues that delays are seriously hurting its case. Judge Edward Davila has often agreed with Apple. However, he refused to grant some requests because he said they covered too much information.

Apple has now made its requests more specific. Instead of asking for information about all former Apple employees, it has limited its requests to people who joined OpenAI. Because of this change, Judge Davila has approved more requests and ordered OpenAI to provide details about:

• The devices that former Apple employees Chang Liu and Tang Tan used to store Apple's confidential information
• Their accounts and messaging apps that contained the same information
• How they used AI tools for personal activities and OpenAI work
• Any confidential Apple information that may have been destroyed

OpenAI must also provide testimony about Apple's information related specifically to battery technology and metal finishes.

The company that makes ChatGPT must explain what steps it took, if any, to stop people from using confidential information. It must also give details about job interviews it held with Apple employees.

Apple has not got everything it asked for yet

However, Judge Davila refused some of Apple's requests for specific details, including information about OpenAI's own investigations into the issue. Apple also has not been allowed to access certain other details about the devices and accounts that former Apple employees used at OpenAI.

That may not change, but two other requests the judge refused could be approved later. Judge Davila rejected Apple's requests for certain testimony only because they were too broad.

Judge Davila explained that some of these requests would be "more appropriately addressed through ordinary merits discovery, which neither Party appears to dispute should be conducted efficiently." This means Apple may be able to get the information once the main trial process begins.

Most lawsuits take time, but this case has involved more public back-and-forth between Apple, OpenAI, and the judge because Apple has pushed for evidence to be collected urgently. OpenAI appears to have stopped claiming that it did not use confidential information. However, it has also tried to delay some parts of the case for as long as possible.

In theory, these delays would have given OpenAI more time to use the information and develop its planned AI hardware device. Most recently, however, OpenAI voluntarily promised not to use this information.

OpenAI may have made that promise to act before the court was likely to order it to do so. The company now has 14 days to follow the judge's latest order.