Apple’s trade-secret lawsuit against OpenAI has been reassigned to U.S. District Judge Edward Davila, replacing the magistrate judge initially assigned to the case.
The change puts a district judge in charge as both sides prepare for discovery and early case deadlines. Magistrate Judge Nathanael Cousins will handle discovery matters.
Why the judge changed
When Apple filed the lawsuit on July 10, the case was randomly assigned to Magistrate Judge Virginia K. DeMarchi.
The court’s initial scheduling order required every party to say whether it consented to DeMarchi overseeing the full case. Unlike a district judge, a magistrate judge needs consent from all parties to run a federal civil case through trial and judgment.
Apple filed its consent-or-declination form shortly before the reassignment. 9to5Mac reports that Apple appears to have declined magistrate jurisdiction, although the form itself is not public.
The October hearing needs a new date
The initial case management conference scheduled for October 13 before Judge DeMarchi has been vacated. Judge Davila will set a replacement date.
Other early deadlines remain on the current schedule. The parties are due to discuss settlement options, evidence exchange, and their discovery plan by September 22. Initial disclosures and a joint case management statement are due October 6.
Nothing has been decided yet
The reassignment is procedural. Judge Davila has not ruled on Apple’s allegations, and the court has not granted an injunction against OpenAI.
Apple alleges in its 41-page complaint that OpenAI and former Apple employees used confidential hardware information to support the AI company’s device business. OpenAI has rejected that account, and its broader response says it is not aware of evidence that Apple’s claims have merit.
Judge Davila will now handle major motions and decide the case unless it settles or is otherwise resolved. Cousins will oversee discovery disputes, where both sides may fight over what evidence must be shared.
That stage could matter more to OpenAI’s hardware team than the judge change itself. Apple’s requested injunction has not been granted, but a future order restricting disputed information could still slow OpenAI’s device plans.
