Apple is pushing for “expedited discovery” in its trade secrets lawsuit against OpenAI. According to a filing submitted on Monday and reported by Bloomberg, the company argues that OpenAI poses a real risk of actively destroying evidence. The lawsuit was filed in July and rests on Apple's claim that its trade secrets were stolen to build an AI device.

At the centre of the dispute are three former employees who recently left Apple for OpenAI. One of them, Chang Liu, allegedly kept an Apple-owned MacBook after leaving the company. Apple's complaint is that OpenAI failed to inspect that laptop despite having had it in its possession since the start of the lawsuit.

The laptop was only handed over on 21 August

OpenAI finally provided the device to Apple on 21 August. Apple says its inspection found that Liu not only downloaded a confidential Apple circuit schematic but also used it in his work at OpenAI. Apple further claims that Liu and others at OpenAI were “well-aware” of his continued access to the company's third-party cloud storage system.

The inspection also surfaced messages in which Liu allegedly discussed the need to “restore” and then “start using” Apple-owned devices after learning of the company's internal investigation in June. Apple presents this in its filing as a direct warning sign: “The newly discovered evidence demonstrates the very real risk of evidence destruction.”

Forensic traces are transient

Apple's legal argument rests on a technical fact. The company argues that “important forensic artifacts on which forensic inspections rely — such as logs, metadata, and usage records — are transient and at risk of being lost, overwritten, or destroyed.” When a device is restored or simply returned to normal use, those traces can be wiped permanently. That is the basis for the expedited discovery request: wait for the ordinary schedule and there may be nothing left to inspect.

How the case has moved

  • June 2026: the period in which Liu allegedly learned of Apple's internal investigation and discussed restoring devices in messages.
  • July 2026: Apple filed the trade secrets lawsuit after three former employees moved to OpenAI.
  • 21 August 2026: OpenAI handed the MacBook in question over to Apple.
  • 31 August 2026: Apple submitted its expedited discovery filing to the court.

In practical terms, Apple is asking the court to bring the evidence-gathering timetable forward. Rulings of this kind carry no judgement on the merits of the case; they only determine which evidence is collected and when. If granted, OpenAI would have to preserve the relevant devices and accounts untouched and open them to inspection; if denied, the inspection stays on the ordinary schedule. That both sides are blaming each other in their filings is itself a reminder that no independent finding on the merits exists yet.

OpenAI's response

In its own filing OpenAI rejects the accusation and turns the source of the problem back on Apple. According to the company, “this dispute is a mess of Apple's own making,” and Apple is blaming others even though its employee exit process “is a mess.” OpenAI maintains that “there is no evidence that Liu accessed any Apple information through improper means or for any improper purpose,” adding that “Liu has no use for Apple confidential information.” How the court will rule on the expedited discovery request is not yet known.