OpenAI has voluntarily committed to refrain from using any trade secrets belonging to Apple as its lawsuit with the iPhone maker proceeds in court. The move follows Judge Edward Davila’s indication that he is “highly likely” to grant Apple’s request for an injunction—potentially forcing OpenAI to halt development of its forthcoming AI hardware.
The dispute began in July 2026 when Apple sued OpenAI, accusing it of misappropriating proprietary information. As the case unfolded, evidence emerged suggesting OpenAI may indeed have obtained and used some of Apple’s confidential data. OpenAI has since acknowledged these concerns and declared it will not use any trade secrets from former Apple employees while the litigation is ongoing.
Preemptive Legal Moves
To reduce the potential impact if the judge grants Apple’s injunction, OpenAI has taken additional steps beyond just limiting the use of Apple’s information. One such step is offering to turn over forensic copies of hard drives from 14 ex-Apple employees—data Apple had asked for during discovery. This may help OpenAI avoid or narrow the scope of a broader court-ordered disclosure.
The case has yet to reach trial. Recent hearings have focused on Apple’s demands for early access to OpenAI’s files, a large portion of which Judge Davila has granted. Meanwhile, OpenAI has filed its own lawsuit, mirroring Apple’s allegations. In its suit, OpenAI claims an unnamed former employee rejoined Apple in June 2026 and provided trade secrets that were used in Apple’s HomeView product—despite evidence that development of HomeView was already underway by 2023. Apple denies those accusations.
If Apple wins the injunction, OpenAI may face serious consequences, including pausing work on its AI hardware devices. By voluntarily limiting the use of Apple’s trade secrets and providing relevant drive data, OpenAI appears to be trying to soften the legal blow.
What this all means: this case probes deeply into how tech giants protect and enforce secrecy amid fierce competition in AI and hardware. The outcome could signal how discovery works in future IP disputes, and how lightly—or severely—courts treat claims of trade secret misuse during early stages of litigation. Legal observers should keep an eye on any injunction decision, the information revealed through the discovery process, and how both sides adjust claims as the trial draws closer.
