Apple and OpenAI Are Fighting Over Evidence Rules Before They Even Get to Trial

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The Apple OpenAI trade secrets dispute has escalated into a procedural fight over what evidence either side can even present, days before a preliminary injunction hearing scheduled for October 14 in California. Apple filed a court objection this week accusing OpenAI of exceeding evidence submission rules ahead of the hearing, specifically challenging a new eight-paragraph declaration from former Apple engineer Chang Liu and criticizing a nine-page response from the defendants that Apple says blew past an agreed five-page limit.

The underlying case, filed in July 2026, accuses OpenAI, its hardware venture io Products, and two former Apple employees — Liu and former Apple executive Tang Tan — of misappropriating confidential Apple information. The October 14 hearing will decide whether Apple gets its requested injunction. Just as importantly for the case going forward, it will also decide which evidence and arguments the court can even consider.

What the Apple OpenAI trade secrets filing dispute is actually about

Procedural fights like this one rarely make headlines on their own, but they matter because they shape what a judge is allowed to weigh when deciding whether to grant Apple’s injunction. Apple’s objection argues that OpenAI’s defense team tried to smuggle in new arguments and witness testimony beyond what the court’s briefing schedule allowed — specifically the declaration from Chang Liu, one of the two named former Apple employees at the center of the case. If the judge agrees with Apple and strikes the contested material, OpenAI’s defense heading into the injunction hearing gets noticeably thinner.

OpenAI, for its part, has previously pushed back hard on Apple’s core allegations. In an August filing, the company laid out what it called a detailed rebuttal — evidence and testimony intended to show the information at issue either wasn’t confidential in the way Apple claims or wasn’t used the way Apple alleges.

Apple OpenAI trade secrets: courtroom gavel

Why the October 14 hearing matters beyond this one case

A preliminary injunction, if granted, could restrict what OpenAI and io Products are allowed to do with the disputed technology while the broader case proceeds — a meaningful business constraint for a company racing to ship hardware products. But the hearing’s immediate significance is narrower and more technical: it will also resolve whether evidence like the Chang Liu declaration is admissible going forward, which shapes the entire rest of the litigation regardless of how the injunction request itself is decided.

For the broader AI industry, the case is a reminder that the fight over AI talent and know-how is increasingly being fought in courtrooms as much as in hiring offices, as companies like Apple try to use trade secrets law to slow rivals poaching both people and institutional knowledge.

What happens after October 14

Whatever the judge decides on the injunction and the evidence dispute, legal observers expect the broader trade secrets case — which began in July 2026 — to continue for months. A ruling that favors Apple on the evidentiary questions would likely embolden the company to push harder in discovery; a ruling that favors OpenAI would strengthen the company’s position heading into any eventual trial.

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Common questions about the case

What is Apple accusing OpenAI of?
Apple alleges that OpenAI, its hardware venture io Products, and two former Apple employees misappropriated confidential Apple information, in a lawsuit filed in July 2026.

Who are Chang Liu and Tang Tan?
Chang Liu is a former Apple engineer and Tang Tan a former Apple executive; both are named defendants in Apple’s trade secrets lawsuit.

What is the October 14 hearing about?
It is a preliminary injunction hearing where a California judge will decide whether to grant Apple’s requested injunction and rule on which evidence can be considered.

What is the current procedural dispute about?
Apple says OpenAI exceeded agreed evidence and page-limit rules ahead of the hearing, including submitting a new declaration from Chang Liu that Apple argues should be excluded.

How has OpenAI responded to the core allegations?
OpenAI has filed its own evidence and testimony disputing Apple’s claims, arguing the disputed information was not confidential or was not used as Apple alleges.

More from our tech desk

For more on the AI industry’s regulatory and legal pressures, see our coverage of the Google Gemini 4 Argon release and Google’s bug bounty freeze on AI submissions. We also previously reported on ChatGPT’s new virtual try-on shopping feature.

Sources

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Author: Francisca Samuel

Francisca Samuel is an editor at Tamara News, where she covers immigration, travel, business and technology news for readers across Africa and the Gulf.