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Apple v. OpenAI: Apple asks the court to let its own experts review forensic images used in the case, and seeks documents tied to parts of OpenAI's hardware R&D

Apple has asked the court overseeing its lawsuit against OpenAI and other defendants to let its own experts review forensic images used …

9to5Mac Marcus Mendes

Context & Ripple Effects

Apple’s July trade-secrets suit alleged that former employees took confidential information for OpenAI’s benefit, followed by an August request for a preliminary injunction limiting access to that information. Apple later alleged that a former iPhone engineer used a confidential circuit schematic in work at OpenAI and that evidence was being destroyed; those remain Apple’s allegations in the litigation.

The latest filing moves the dispute deeper into discovery: Apple seeks independent examination of forensic materials and records tied to segments of OpenAI’s hardware research and development, rather than relying solely on the defendants’ account of the evidence.

First-order effects

  • Apple’s experts would gain a direct route to test the forensic record underlying its allegations if the court grants the requested access.
  • OpenAI and the other defendants face a broader discovery burden around the specified hardware R&D work, including producing the requested documents subject to the court’s process.

Second-order effects

  • The parties’ fight shifts from the existence of Apple’s allegations to the integrity, scope, and expert interpretation of technical evidence—issues likely to shape what discovery is required next.
  • OpenAI’s hardware R&D teams may need more formal separation and documentation of work streams while litigation scrutiny centers on materials that could overlap with Apple’s claimed confidential information.

Third-order effects

  • If courts permit adversarial expert review of forensic images in hardware trade-secret disputes, preservation practices and audit trails become more consequential for AI companies building physical products.
  • The case points to AI hardware competition being governed not only by product development speed but by demonstrable controls over hiring, technical records, and confidential-source materials.

The trend: AI companies expanding into hardware face more intensive trade-secret litigation risk, with forensic provenance and R&D governance becoming central competitive safeguards.