Apple pushes for early document access and depositions in OpenAI trade secret lawsuit

Apple’s renewed push for expedited discovery centers on securing early access to documents and witness testimony in its lawsuit against OpenAI. The company argues that delays could allow OpenAI to embed allegedly stolen trade secrets into its hardware development, making it harder to reverse any damage. This tactic is common in trade secret cases where evidence may dissipate or be integrated into products before litigation concludes.

The dispute over discovery timelines reveals a tension between Apple’s urgency and OpenAI’s procedural objections. Apple claims OpenAI’s opposition is a stalling tactic, while OpenAI counters that Apple’s requests are overly broad and designed to extract competitive intelligence. Courts often grant expedited discovery when a plaintiff demonstrates irreparable harm, but judges must balance this against the burden on defendants.

Apple’s decision to narrow its document requests to a specific timeframe, August 1, 2023, onward, addresses OpenAI’s objection about lack of specificity. This adjustment suggests Apple is refining its legal strategy to focus on the period around a former employee’s departure to OpenAI. For engineers, this case underscores the importance of documenting and securing proprietary work, especially when employees transition to competitors.

The outcome of this motion could influence how future trade secret cases proceed, particularly in fast-moving fields like AI. If Apple succeeds, it may encourage other plaintiffs to seek early discovery, potentially accelerating litigation. Conversely, if OpenAI’s objections prevail, defendants may gain more leverage to delay or limit discovery, complicating efforts to prove misappropriation.