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Judge orders OpenAI to turn over hiring records in Apple trade secrets case

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A judge has ruled that Apple will gain expedited access to OpenAI's hiring materials in the trade secrets lawsuit the iPhone maker filed against OpenAI in July.

The court will allow Apple to view documents tied to OpenAI's interviews with former Apple employees who applied for roles in its consumer hardware and robotics groups, ahead of the rumored launch of OpenAI's first hardware device. Those documents could include interview checklists, guides, instructions, manuals and scripts, as well as technical presentations and records showing that interview discussions had included references to Apple technology or components. The court agreed with Apple that the documents should be expedited. OpenAI has five days to turn over materials it has already collected and 14 days for any other materials related to the request.

In its lawsuit, Apple accused OpenAI of a pattern of theft. That includes direct complaints about former employees using Apple laptops to download confidential material and files containing information about unannounced technologies, features and products, among them technical specifications, engineering presentations and proprietary project data. Apple also said that former Apple employees at OpenAI coached others considering a move from Apple to OpenAI on what information to bring to their interviews, among other allegations.

U.S. District Judge Edward Davila did not approve all of Apple's requests for expedited access. He ruled that Apple could access the interview materials, along with private LINE messages (from a messaging app) between individuals named in the case, including OpenAI employees Chang Liu and Alyssa Peng. He also approved depositions of Liu and Peng and of a third person, OpenAI's chief hardware officer, Tang Yew Tan. All three are former Apple employees.

The judge denied Apple's request to expedite access to OpenAI's research and development in specific areas, such as metal finishes and power management. He also denied several broader discovery requests, such as access to OpenAI's hardware research or information about what its former employees created while working at OpenAI. That denial is not final: the judge left the door open for Apple to narrow its requests and try again.

The case comes as OpenAI develops a consumer hardware device that could one day potentially rival the iPhone, or smartphones more generally, if the AI device becomes a central part of consumers' lives and of how they engage with software and services.

Key facts

  • Apple gets expedited access to OpenAI's interview documents for former Apple employees who applied to its consumer hardware and robotics groups.
  • OpenAI has five days to turn over materials already collected and 14 days for any other materials tied to the request.
  • The judge also allowed Apple to see private LINE messages between people named in the case and approved depositions of Chang Liu, Alyssa Peng and chief hardware officer Tang Yew Tan, all former Apple employees.
  • Requests to expedite access to OpenAI's R&D in areas like metal finishes and power management, and several broader discovery requests, were denied, though Apple may narrow them and try again.

Why it matters

The ruling gives Apple an early look at how OpenAI recruited for its consumer hardware and robotics groups, while OpenAI is building a device that could one day potentially rival the iPhone. It moves the July lawsuit from allegations toward evidence gathering, with short deadlines and depositions of three former Apple employees, including OpenAI's chief hardware officer.

Who it affects

OpenAI, which must produce interview records within five and 14 days, and Apple, the plaintiff. Chang Liu, Alyssa Peng and Tang Yew Tan face depositions. Former Apple employees who interviewed for OpenAI's hardware and robotics roles are also affected, since records of those interviews are what Apple is entitled to see.

How to use it

There is nothing to adopt here; this is a case to follow. Watch for the materials OpenAI hands over, the depositions of Liu, Peng and Tan, and whether Apple narrows the requests the judge denied and files them again.

How solid is it

The report describes the judge's rulings on discovery and is specific about the deadlines, the named individuals and the categories granted and denied. It gives no direct quotations from the judge's order and does not say what the interview materials actually contain, only what they could include. No response from OpenAI or Apple to the ruling is quoted.

Risks and caveats

The theft allegations are Apple's accusations; the report does not say they are proven or that OpenAI has been found to have done anything wrong. This is a ruling on early access to evidence, not on the merits. The denials are not final, so the scope of discovery could still widen if Apple narrows its requests and tries again.