Apple has asked a federal judge to put the brakes on OpenAI’s hardware development while its trade secrets lawsuit moves forward.
Last month, the iPhone-maker filed for a preliminary injunction against OpenAI, former Apple employees Chang Liu and Tang Yew Tan, and other defendants, arguing that confidential Apple information was taken and could continue to be used in OpenAI’s hardware work.
Now, Apple is asking for expedited discovery, including documents and depositions, as it tries to uncover what happened.
The request comes less than a month after Apple sued OpenAI over alleged trade secret theft. The case is now moving beyond accusations in the original complaint, with Apple asking the court to take immediate action while the dispute is still being investigated.
Apple Wants OpenAI’s Hardware Work Restricted
Apple’s latest filing argues that the alleged misuse of its confidential information could cause harm that would be difficult to reverse if OpenAI continues developing its hardware without restrictions.
The company has accused Liu, a former Apple senior systems engineer, of accessing confidential Apple material after joining OpenAI. It has also accused Tan, OpenAI’s chief hardware officer and a former Apple executive, of seeking confidential information from Apple employees during OpenAI’s recruitment process.
Apple is asking for faster discovery from OpenAI, Liu, Tan and io Products, the hardware company co-founded by former Apple design chief Jony Ive that OpenAI acquired, as the discovery process could give Apple access to more documents and testimony related to its allegations.
The judge has not ruled on Apple’s request, which means OpenAI’s hardware plans have not been frozen.
OpenAI Takes Its Response Public
OpenAI then chose a very public response to the lawsuit.
OpenAI responded within hours of Apple’s request with a detailed blog post titled “Apple is getting this wrong.” The company called the lawsuit “careless, aggressive and oddly personal” and said Apple’s request for an injunction was based on false information. OpenAI also emphasized that it does not have and does not want Apple’s trade secrets.
But OpenAI went further than simply denying the allegations. It published emails and messages that it says challenge Apple’s account of what happened.
A major part of the response concerns Liu’s access to Apple information after he left the company. While Apple alleges that Liu accessed confidential material after his departure, OpenAI says Apple employees themselves continued contacting Liu for help with work-related questions and locating files after he had left.
One message from a former colleague asked Liu for help with product shipping information and acknowledged that he was still the best person to ask even though he no longer worked at Apple. OpenAI argues that these exchanges show that Apple’s own offboarding process had not fully cut off Liu’s access.
OpenAI also challenged Apple’s account of how the companies communicated before the lawsuit. Apple said it had raised concerns about possible trade secret leaks and did not receive a response. OpenAI says Apple’s outside lawyers initially contacted the wrong person because they confused two surnames. According to OpenAI, the mistake was later acknowledged, after which Apple did not raise the matter with the company again for months.
The ChatGPT-maker also defended Tan, saying he has consistently told his team that they should not seek or use confidential information belonging to other companies. OpenAI’s response included messages from Liu that also offered a glimpse into his transition from Apple to OpenAI, including his description of a workplace where AI is used extensively in everyday work
OpenAI has since maintained that it is focused on building innovative products and technologies.
The Court Will Decide What Actually Happened
The public back-and-forth provides two competing accounts, but neither company’s statements settle the legal dispute.
OpenAI has also formally challenged Apple’s lawsuit in court, with the company filing a Motion to Dismiss and asking the court to throw out Apple’s case.
Apple still has to prove its claims in court, while OpenAI will have to defend itself against allegations that the confidential information was accessed or used improperly. And the discovery process Apple is requesting could become an important part of that fight.
For now, the immediate question is whether the judge will restrict OpenAI’s hardware work while the case continues. Whatever happens next could also affect how the two companies compete as OpenAI moves deeper into consumer hardware.
