Apple-OpenAI Trade Secret Dispute Heads to October 1 Hearing on Expedited Discovery
Apple and OpenAI remain locked in a trade secret and intellectual property dispute, with a court hearing set for October 1, 2026, on Apple's request for expedited discovery. Apple, which sued OpenAI in July 2026, seeks early access to documents and witness testimony to determine what information the ChatGPT developer obtained. OpenAI argues the request is unnecessary, citing procedural overlaps and questioning the materials' trade secret status. Apple counters that delay poses ongoing risks and accuses OpenAI of shifting focus through public relations tactics.
The trade secret and intellectual property dispute between Apple and OpenAI continues to escalate.
Apple filed a lawsuit against OpenAI in July 2026, accusing the company of large-scale theft of intellectual property. Since then, Apple has sought to expedite the evidence-gathering phase of the litigation. OpenAI has countered that Apple's lawsuit stems from its competitive disadvantage in the relevant market. In response to Apple's request for accelerated discovery, OpenAI argued that early advancement is unnecessary, as the relevant materials should be submitted in the normal course of the proceedings. OpenAI also contended that some of the investigative work Apple wants completed ahead of schedule would in fact overlap with steps already in the standard case timeline, making additional acceleration redundant.
In its latest filing, Apple emphasized that even if the two processes overlap, court approval of "emergency discovery" would still compel OpenAI to respond early, preventing the company from delaying matters for months through templated objections or vague responses. Apple wants to depose key witnesses as soon as possible and require OpenAI to produce relevant documents to determine exactly which Apple information the ChatGPT developer obtained.
Apple believes that delay carries ongoing risk.
Apple also criticized OpenAI for shifting focus in the court of public opinion. OpenAI previously highlighted an incident in which Apple mistakenly emailed the wrong recipient, using it to question Apple's communication and claims.
Apple rebutted OpenAI's assertion that Apple had not yet proven the materials in question constitute trade secrets. Apple argued that OpenAI's logic equates to treating an entire document as public information simply because it contains any public content. Apple offered an analogy: a document revealing confidential device components should not be deemed entirely public knowledge merely because an iPhone appears on its cover. However, Apple also stated that even without using the term "trade secret," the disputed materials could be described as "Apple source information"—information generated by Apple that OpenAI should not possess or use.
Additionally, OpenAI questioned whether Apple had clearly defined the specific time frame covered by the discovery request. Apple's lawyers responded that OpenAI should not hold any Apple confidential information in the first place, but agreed to further narrow the time period. Apple now seeks all relevant documents and communications created by OpenAI since August 1, 2023—roughly six months before key witness Don Tan, former Apple vice president of product design, left Apple to join OpenAI.
The court has scheduled a hearing on Apple's request for expedited discovery for October 1, 2026.