Apple has asked a U.S. judge for a preliminary injunction against OpenAI and former employees Chang Liu and Tang Yew Tan, seeking to restrict their access to information that Apple alleges is confidential.
The application, made on Monday, Aug 3, asks the court to bar OpenAI, Liu and Tan from accessing, acquiring, using or disclosing the disputed information while Apple’s trade secrets case proceeds. Apple filed the lawsuit last month, alleging that Liu and Tan misappropriated trade secrets to benefit OpenAI’s move into consumer hardware.
Both former employees now work for OpenAI. Liu previously served as an Apple senior system electrical engineer, while Tan was formerly Apple’s vice president of product design for iPhone and Apple Watch.
OpenAI disputes Apple’s allegations. The company said the preliminary injunction request was based on false information and was unnecessary because it did not possess or want Apple’s trade secrets. Apple, by contrast, has argued that it would suffer irreparable harm without the requested order.
Apple also filed a concurrent motion for expedited discovery. The company is seeking production of documents relating to the defendants’ alleged access to Apple proprietary and trade secret information, placing the handling of that information and the related records within the scope of the proceedings.
The requested discovery includes depositions from Liu and Tan, OpenAI employee Yu-Ting Peng and an unnamed OpenAI employee who previously worked at Apple. Apple has also sought depositions from corporate representatives of OpenAI and io Products, OpenAI’s commercial arm and a defendant in the lawsuit.
The expedited discovery request creates an immediate operational issue around the timing of document production and testimony. If granted, it would bring forward the collection of records and depositions concerning the alleged access to Apple information while the injunction application remains before the court. The allegations remain contested.
The case was filed in the U.S. District Court for the Northern District of California. It comes after OpenAI successfully defeated a legal challenge from Elon Musk’s xAI.
Apple’s lawsuit also concerns competition over future artificial intelligence devices that may not depend on traditional apps or operating systems. Such products could redirect consumer attention away from Apple’s best-selling iPhone if they succeed. Analysts believe OpenAI is working on a phone or another device of its own.
The court’s treatment of Apple’s requests will affect whether restrictions are imposed on the handling of the disputed information and whether Apple obtains the requested documents and testimony on an expedited timetable.
