Apple accuses OpenAI, its io hardware unit and two former Apple hardware leaders of a coordinated scheme to take Apple trade secrets for OpenAI’s first consumer AI device. Filed July 10, 2026, the case threatens the hardware program OpenAI built on its roughly $6.5B io acquisition.
LATEST DEVELOPMENT · SEP 14, 2026
On September 14, 2026, at a status conference before Judge Edward J. Davila, Apple’s counsel argued the court must let Apple inspect OpenAI’s unreleased hardware product before it ships, warning that once Apple’s alleged trade secrets are built into a device the harm cannot be undone. The judge rescheduled the combined hearing on Apple’s preliminary-injunction and expedited-discovery motions and OpenAI’s motion to dismiss from October 1 to October 14, 2026. This followed an August 31 supplemental filing in which Apple disclosed forensic findings from a MacBook returned by former engineer Chang Liu, alleging he used a confidential Apple circuit schematic at OpenAI and that colleagues discussed destroying evidence.
BACKGROUND
Filed on July 10, 2026, Apple’s 41-page complaint accuses OpenAI, its io Products hardware unit and two former Apple hardware leaders of a coordinated scheme to misappropriate Apple trade secrets as OpenAI raced to build its first consumer device. Apple alleges that Tang Tan, a 24-year Apple veteran who was vice president of product design for iPhone and Apple Watch and is now OpenAI’s chief hardware officer, used Apple’s confidential project code names in recruiting, asked candidates to bring Apple hardware components to interviews, solicited details of unannounced products and coached departing engineers on evading security procedures. And that engineer Chang Liu kept his Apple-issued laptop after joining OpenAI in 2026 and used it to download confidential technical specifications and engineering materials. Jony Ive is not a defendant.
The suit pleads Defend Trade Secrets Act and breach-of-contract claims and seeks an injunction barring use or disclosure of the material, return of Apple’s files and evidence preservation, remedies aimed squarely at the device program OpenAI assembled through its roughly $6.5B acquisition of Ive’s io startup in May 2025. OpenAI responded publicly on July 14, 2026 that it is ‘not aware of any evidence that this complaint has merit,’ framing the dispute as an attack on employee mobility. Apple moved for a preliminary injunction and expedited discovery on August 4, 2026, and OpenAI and the individual defendants moved to dismiss on August 6, completing that briefing on August 27. Judge Edward J. Davila, to whom the case was reassigned in July 2026, has set a hearing for October 1, 2026 in San Jose.
TIMELINE
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OCT 1, 2026HEARINGHearing set on OpenAI’s motion to dismiss and Apple’s preliminary-injunction motion before Judge Davila
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SEP 14, 2026HEARINGStatus conference held and combined hearing rescheduled to October 14At a case management conference, Apple’s counsel argued the court should compel discovery into OpenAI’s unreleased hardware product before it ships, saying trade secrets embedded in a device cannot later be removed. Judge Davila moved the combined hearing on Apple’s preliminary-injunction and expedited-discovery motions and OpenAI’s motion to dismiss from October 1 to October 14, 2026.
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AUG 31, 2026FILINGApple files supplemental brief with MacBook forensic evidenceApple submitted a filing describing initial forensic analysis of a MacBook returned by former engineer Chang Liu, alleging he downloaded and used a confidential Apple circuit schematic at OpenAI and that he and a colleague discussed destroying evidence after learning of Apple’s internal investigation. Apple used the findings to press for expedited discovery, including access to a Mac mini and other devices.Apple reveals 'shocking evidence' from ex-employee's MacBook in OpenAI suitApple Says Former Engineer Used Stolen Trade Secrets at OpenAI, Taught AI Agent to Run ThemApple Accuses OpenAI of Destroying Evidence in Trade Secrets LawsuitApple adds more allegations to its trade secrets lawsuit against OpenAI
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AUG 27, 2026FILINGOpenAI replies in support of its motion to dismiss, seeking dismissal with prejudice
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AUG 19, 2026FILINGApple opposes OpenAI’s motion to dismissApple filed a response urging the court not to dismiss its trade secrets lawsuit, reaffirming allegations of pervasive trade secret misappropriation against OpenAI and the individual defendants.
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AUG 6, 2026FILINGOpenAI moves to dismiss Apple’s trade secrets lawsuitOpenAI filed a motion asking the court to dismiss Apple’s trade secrets suit, arguing the case was filed without adequate investigation and pointing to Apple’s own security practices as undermining its claims.
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AUG 4, 2026FILINGApple moves for preliminary injunction and expedited discoveryApple filed a motion asking the court for a preliminary injunction to stop OpenAI, Chang Liu, and Tang Yew Tan from accessing, acquiring, using, or disclosing its alleged trade secrets, and sought expedited discovery including depositions of Liu, Tan, OpenAI employee Yu-Ting Peng, and an unnamed former Apple employee at OpenAI.
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AUG 3, 2026OTHEROpenAI publishes detailed rebuttal with internal chats and emailsOpenAI posted a blog titled ‘Apple is getting this wrong’ containing internal messages and email correspondence it says contradict Apple’s account of events involving Chang Liu and Tang Tan.
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JUL 14, 2026OTHEROpenAI publicly rejects the allegationsOpenAI says it is ‘not aware of any evidence that this complaint has merit’ and emphasizes employee mobility.
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JUL 10, 2026FILINGApple files trade-secrets suitDTSA and breach-of-contract claims against OpenAI Foundation, OpenAI Group PBC, io Products, Tang Tan and Chang Liu. Apple seeks an injunction and return of its materials.
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MAY 2025OTHEROpenAI acquires io for roughly $6.5BJony Ive’s hardware startup becomes the core of OpenAI’s consumer-device program.
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2024OTHERTang Tan leaves Apple for Jony Ive’s io ventureApple’s longtime VP of product design for iPhone and Apple Watch departs to lead hardware at the startup that becomes OpenAI’s device unit.