Apple secures AI forensic records order in OpenAI case

- Defendants ordered to disclose digital activity tied to Apple’s confidential hardware - OpenAI must testify on battery and power data usage after Apple’s trade secrets complaint On October 28, 2026 (UTC), CoinDesk reported that a U.S. District Court judge granted Apple’s request for AI forensic records in its trade secrets lawsuit against OpenAI. According to CoinDesk on October 28, 2026, the judge ordered defendants Chang Liu and Tang Tan to produce detailed records of their use of AI tools—including ChatGPT, Claude, Codex, and OpenClaw—and messaging apps, and the order focuses on how they accessed or shared Apple’s confidential hardware information. The order, which took effect on January 23, 2026, also directs OpenAI and its hardware partner, io Products, to provide testimony on any use or handling of Apple-originated battery and power management data. In addition, they must detail steps they took to prevent improper use, including specifics from relevant employee interviews. CoinDesk reported that Judge Edward Davila of the Northern District of California (Case No. 5:26-cv-07078-EJD) signed the order, and it requires Liu and Tan to identify every account, device, and app they used—such as LINE, Signal, Telegram, and Kik—across both personal and company channels involving Apple information. They must also report any losses or deletions of related data, which broadens the scope of discovery into their digital activity. As a result, Apple now gains access to extensive discovery materials, including technical records and communication histories, while the court simultaneously limits deeper inquiry into OpenAI’s internal workings and will address that issue in later proceedings. Meanwhile, the court also found that OpenAI and io Products must testify on their use of Apple data covering batteries, power management, and metal finishing processes. Apple’s July 2026 complaint alleges that OpenAI misused proprietary hardware information to accelerate its consumer hardware development, and the complaint also accuses OpenAI of hiring hundreds of former Apple employees, which heightens competition for technical expertise within Silicon Valley. Therefore, Judge Davila’s directive marks a critical shift toward focused technical discovery and personnel records that are central to Apple’s allegations. According to recent filings cited by 9to5Mac on October 28, 2026, Apple asserts that more than 400 of its former employees now work at OpenAI. The court’s order therefore emphasizes sustained discovery of digital activity and technical evidence, but it postpones broader examination of OpenAI’s internal processes until subsequent phases of the case.