Apple is intensifying its legal fight with OpenAI, asking a court to accelerate discovery in a dispute over alleged misuse of confidential information. Apple filed the lawsuit in July 2026 and has since pushed for faster access to documents and witnesses.
OpenAI, however, argues that expedited discovery is unnecessary. The company says Apple will receive relevant information through the normal course of litigation.
Apple Warns That Delays Could Increase Harm
Apple wants OpenAI to produce documents and make key witnesses available for depositions sooner. According to Apple, waiting for the standard discovery schedule could allow the alleged harm to continue.
Moreover, Apple argues that a court-ordered early process would reduce opportunities for procedural delays. Its lawyers claim OpenAI could otherwise rely on routine objections that might extend the dispute for months.
The timing of witness testimony has also become a major issue. Apple says OpenAI has agreed to important depositions but wants them conducted only once, potentially near the end of fact discovery. Apple argues that approach could leave it waiting months or even years.
Apple further alleges that OpenAI could continue using its hardware-related confidential information while developing its own device. However, these remain Apple’s allegations, and the court has not established them as fact.
Both Sides Clash Over Confidential Information
The dispute also covers what information qualifies for protection. OpenAI has challenged whether Apple has adequately established the existence of trade secrets.
In response, Apple argues that confidential material does not lose protection simply because a document contains some publicly available information. Apple has also used the broader term “Apple Originated Information” when describing material it wants covered by discovery.
Meanwhile, OpenAI reportedly objected to Apple’s failure to define a discovery timeframe. Apple subsequently requested documents and communications dated from August 1, 2023 onward. That date falls roughly six months before key witness Tang Tan left Apple for OpenAI.
The court is currently scheduled to consider Apple’s expedited discovery request on October 1, 2026. Until then, the procedural battle could shape how quickly the broader case moves forward.
