Discovery before the body
Apple is no longer arguing only about a departed engineer’s laptop. It wants OpenAI’s unfinished device on the table before a 14 October hearing — and OpenAI calls that snooping.
The Apple–OpenAI trade-secret case has shifted from a perimeter argument to a workshop argument. In a joint filing made public this week, Apple asks Judge Edward J. Davila to let its own forensic experts examine the device images OpenAI’s experts have already used, and to force early production of OpenAI records on metal finishes, power management, and battery work. OpenAI answers that the R&D demand is overbroad and “an apparent attempt to snoop on a competitor.” The injunction, early-discovery, and dismissal motions are set for the same San Jose morning on 14 October — 137 days, by OpenAI’s own calendar, before the end of February 2027, the earliest shipping date its lawyers have put on the first device.