# Judge grants Apple expanded discovery in OpenAI trade secrets suit

Digest AI · Policy & Regulation · published 2026-10-26T17:00:00Z

Canonical: https://digestai.news/story/judge-grants-apple-expanded-discovery-in-openai-trade-secrets-suit

## Summary

Judge Edward Davila has expanded Apple's access to evidence in its ongoing trade secrets lawsuit against OpenAI, io Products, and two former Apple employees, Chang Liu and Tang Tan. The ruling allows Apple to obtain records regarding the former employees' use of AI tools, including ChatGPT, Claude, and Codex, on both personal and corporate devices. Apple can also access details about devices and messaging apps allegedly used to access or share confidential Apple information, as well as testimony from OpenAI representatives about hardware development practices involving batteries and power management.

The decision follows a previous partial grant where the judge found Apple's initial definition of "Apple Originated Information" too broad. After the parties agreed on a narrower definition, which the judge adopted with modifications, Apple was able to pursue these additional discovery requests. The court denied Apple's requests for details on OpenAI's own internal devices, accounts, and investigations, deeming them too broad for this stage. Defendants have 14 days to produce the requested records and respond to Apple's questions.

## Key points

- Judge Davila grants Apple access to records of former employees' AI tool usage, including ChatGPT and Claude.
- Apple can obtain testimony on OpenAI's hardware development practices involving batteries and power management.
- Defendants have 14 days to produce records and respond to questions under the new court order.

## Why it matters

This ruling provides insight into how AI companies are scrutinized for potential misuse of competitor trade secrets, particularly regarding the use of AI tools by employees. It highlights the legal risks associated with hiring from competitors and handling confidential hardware data.

## Sources

1. [Apple wins expanded access to evidence in OpenAI trade secrets lawsuit](https://9to5mac.com/2026/10/27/apple-wins-expanded-access-to-evidence-in-openai-trade-secrets-lawsuit) (9to5mac.com, 2026-10-26)

Part of the developing story: [Apple vs OpenAI Trade Secrets Battle](https://digestai.news/thread/judge-grants-apple-limited-discovery-in-openai-trade-secrets-case) (2 stories)

## Cite

Digest AI, "Judge grants Apple expanded discovery in OpenAI trade secrets suit", 26 October 2026, https://digestai.news/story/judge-grants-apple-expanded-discovery-in-openai-trade-secrets-suit

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