Apple’s OpenAI Case Now Covers an Ex-Employee’s ChatGPT and Claude Use
Summary
A federal judge has expanded the process that lets Apple collect evidence quickly in its lawsuit against two former employees, OpenAI, and io Products. Apple can now obtain records showing how one former employee used AI tools such as ChatGPT and Claude. However, the judge rejected requests for information about OpenAI’s own devices, accounts, and internal investigations.
Apple and OpenAI are currently involved in a lawsuit. Apple accuses two former employees, Chang Liu and Tang Tan, as well as OpenAI and io Products, of taking and using trade secrets without permission. In simple terms, Apple believes its former employees used information taken from Apple to help their new employers develop products. The lawsuit is still ongoing, but Apple has won a small victory by gaining faster access to evidence in its case against OpenAI.
Apple gets faster access to evidence in its case against OpenAI
In his latest ruling, Judge Edward Davila expanded the types of information Apple can ask the other side to provide. This means Apple can collect evidence more quickly in its trade secrets lawsuit against Liu, Tan, OpenAI, and io Products.
This follows Davila’s October 13 order, which allowed Apple to get certain documents, digital evidence collected through forensic checks, and employee testimony ahead of the usual schedule. However, Davila did not approve every request. He rejected some because Apple’s definition of “Apple Originated Information” covered too much. Apple and the defendants later agreed on a narrower definition, and Davila approved it with some changes.
Apple can now obtain records showing how Liu used ChatGPT, Claude, Codex, OpenClaw, and other AI tools. These records can come from both personal and work devices and accounts. Apple can also get information about the devices, accounts, and messaging apps that Liu and Tan allegedly used to handle Apple’s confidential information.
However, Apple did not get everything it asked for. Davila rejected its requests for information about OpenAI’s own devices and accounts, as well as its internal investigations. He also moved two requests for testimony from company representatives into the regular evidence-gathering process, saying they were too broad at this stage.
Some background
Apple filed the lawsuit in July this year. The company claims that Liu and Tan, together with OpenAI and io Products, used Apple’s confidential information to help speed up OpenAI’s plans to make consumer hardware.
Tan had worked at Apple for 24 years before becoming OpenAI’s chief hardware officer. Apple also claims that Tan told Apple employees who were interviewing for jobs at OpenAI to bring actual hardware parts with them.
OpenAI has since denied all the accusations. The company says it has no interest in other companies’ trade secrets. In August, Apple asked the court to issue a preliminary injunction, which could temporarily stop certain actions while the case continues, and to let it collect evidence early. OpenAI, meanwhile, asked the judge to dismiss the case.
At a hearing on October 14, Davila said he was very likely to grant the injunction. For now, OpenAI has agreed not to use the information that Apple claims was taken from it while the lawsuit continues.