In a trade secrets-focused lawsuit brought by the iPhone maker against OpenAI in July, a judge ruled that Apple can gain expedited access to OpenAI’s recruiting materials.
Specifically, the court will allow Apple to see documents related to OpenAI’s interviews with former Apple employees who applied for positions within its consumer hardware and robotics group ahead of the rumored launch of OpenAI’s first hardware device.
These documents may include interview checklists, guides, instructions, manuals, and scripts, as well as technical presentations and notes indicating that the interview discussion included references to Apple technology or components.
The court gave OpenAI five days to submit the materials it has already collected and 14 days to submit any other materials related to the request, agreeing with Apple that it must expedite the submission of these documents.
The incident comes as OpenAI is developing a consumer hardware device that could one day rival the iPhone, or smartphones more generally, as AI devices become a central part of how consumers live and interact with software and services.
In its lawsuit, Apple accused OpenAI of a pattern of theft, including direct complaints that former employees used Apple laptops to download confidential materials and files containing information about unreleased technologies, features, and products, including technical specifications, engineering presentations, and proprietary project data.
Apple also said that former Apple employees at OpenAI have provided guidance to employees considering leaving Apple to join OpenAI, including what information to bring to interviews.
U.S. District Judge Edward Davila did not agree to all of Apple’s requests for immediate access to OpenAI documents and messages related to the case. But he ruled that Apple has access to interview materials, as well as private LINE messages (from the messaging app) between individuals named in the case, including OpenAI employees Chang Liu and Alyssa Peng.
The judge also approved the depositions of Mr. Liu, Mr. Peng, and a third person, Tang Yew Tan, OpenAI’s chief hardware officer. All three are former Apple employees.
However, the judge rejected Apple’s request to facilitate access to OpenAI’s research and development in specific areas such as metal finishing and power management. He also denied some of Apple’s broader discovery requests, including access to information about OpenAI’s hardware research and what former employees created while working at OpenAI.
However, this denial is not final. The judge left the door open for Apple to narrow down its request and try again.
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