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Since July, Apple and OpenAI have been embroiled in a dispute over allegedly leaked hardware secrets, primarily through preliminary injunctions and evidentiary issues. Now, the court date has been set. Until then, a good nine months will pass, with tightly scheduled deadlines.
In July, Apple sued OpenAI over the development of AI hardware. The defendants are former Apple employees Chang Liu and Tang Yew Tan, OpenAI, and its hardware subsidiary io Products. Apple accuses them of using confidential information about Apple products to advance OpenAI's own devices. OpenAI denies this.
Judge Edward J. Davila of the Federal District Court for the Northern District of California in San Jose set the trial schedule on October 28. This schedule is based on the procedural scheduling order in case 5:26-cv-07078 (Document 198), the joint procedural statement from both parties, and their joint proposed schedule. The parties had appeared before Judge Davila on October 14 for the procedural scheduling meeting.
Key Facts at a Glance
- The trial begins on Monday, July 19, 2027, at 9 a.m. local time, 6 p.m. in Germany. That is 374 days after the lawsuit was filed.
- The taking of evidence regarding the facts ends on March 12, 2027, and the taking of evidence regarding the expert opinions ends on April 28, 2027.
- Amendments to the complaint and the addition of further parties are only possible until November 30, 2026.
- The decision on the defendant's motion to dismiss the lawsuit is still pending.
The timetable leading up to the trial
The resolution stipulates 18 stages leading up to the trial. The dates and times listed apply in California. At the status meeting on March 11, 2027, the US will still be on winter time, nine hours ahead of Germany. From the end of March onward, both countries will be on summer time, again nine hours ahead.
| Date | What's coming up | German time |
|---|---|---|
| November 2, 2026 | Exchange of electronically stored data | – |
| November 30, 2026 | Last day for amendments to the complaint and other parties | – |
| February 5, 2027 | Document template essentially complete | – |
| February 26, 2027 | Joint Status Report | – |
| March 11, 2027 | Status hearing in court | 7 p.m. |
| March 12, 2027 | End of the taking of evidence regarding the facts | – |
| March 31, 2027 | Nomination of experts with expert reports | – |
| April 14, 2027 | Counter-report | – |
| April 28, 2027 | End of the taking of evidence regarding the expert opinions | – |
| May 5, 2027 | Deadline for applications against expert opinions and for decisions without trial | – |
| May 19, 2027 | Responses to these applications | – |
| May 26, 2027 | Answers to the replies | – |
| June 1, 2027 | Mandatory meeting of the senior lawyers | – |
| June 3, 2027 | Applications regarding the admissibility of evidence | – |
| June 10, 2027 | Hearing on expert opinions and applications for decisions | 6 p.m. |
| June 10, 2027 | Responses to the motions for the taking of evidence, joint procedural documents | – |
| June 24, 2027 | Final preparatory meeting | 7 p.m. |
| July 19, 2027 | Start of the process | 6 p.m. |
What the individual deadlines mean
Until March 12, 2027, both sides will collect documents and interview witnesses. This will be followed by a separate round of expert opinions. In May, both sides can request that expert opinions be excluded as inadmissible or that individual claims be decided without a trial. Davila will hear arguments on these requests on June 10.
The documents, due by June 10, 2027, include joint proposals for instructions to the jurors, for their pre-selection interviews, and for the verdict forms. A jury will therefore decide on the charges.
The ruling stipulates a meeting between the lead lawyers on June 1st. This meeting is intended to clarify three points: a possible settlement, the joint case documents, and the narrowing down of the disputed issues. The date is set by the court and is not at the request of either party.
The accelerated deadlines for providing evidence continue to run in parallel
The new timeline does not replace the deadlines from the accelerated evidence gathering. Just on October 27, Davila granted Apple additional access, including to Liu's use of AI tools and deleted data. The material already collected is due on November 1, and the remaining documents on November 10.
The usual limits of the Code of Civil Procedure apply to the taking of evidence. Anyone wishing to ask more questions or question more witnesses must apply to the court. Davila explicitly points out in the ruling that the parties should not rely on such permission being granted.
Until a verdict is reached, the agreement applies instead of an order
There will be no preliminary injunction in this case. At the hearing on October 14, OpenAI agreed not to use the claimed secrets, and both sides announced an agreement to preserve evidence. On October 16, Davila ordered this agreement, including a forensic investigation, and thus dismissed Apple's emergency motion (Document 188). OpenAI's rights until the verdict are therefore governed by this commitment and this agreement.
I therefore consider the court date less consequential than the decision that is still pending. On October 14th, Judge Davila heard arguments regarding the defendant's motion to dismiss the case and announced that he would decide in writing. I expect this ruling to be the next real test, as it will determine which allegations Apple will even bring before the court.
The timing of the dispute remains critical. OpenAI's first donut-shaped speaker is reportedly slated for release in 2027, potentially before a ruling. For Apple users in this country, the proceedings will not change anything, and no potentially affected OpenAI device is currently on the market.
Do you think this dispute will actually end up before a jury in July 2027 – or will Apple and OpenAI reach an agreement beforehand? Let us know in the comments which outcome you predict.
