OpenAI agrees not to use Apple’s claimed trade secrets during lawsuit

OpenAI agreed at an October 14 court hearing in the United States not to use trade secrets Apple claims its former employees took, while the companies’ lawsuit continues. Judge Edward Davila had said he was highly likely to grant Apple’s request for a preliminary injunction, according to a Bloomberg account carried by The Straits Times and cited by 9to5Mac. The undertaking restricts OpenAI’s use of the disputed information while the case proceeds.

What OpenAI agreed to at the hearing

9to5Mac, citing Bloomberg, reported that OpenAI also committed to collecting forensic images of devices belonging to 14 employees that may contain Apple confidential information. OpenAI made the undertaking after the judge indicated he was likely to grant Apple’s preliminary-injunction request. The reported agreement is voluntary; the judge’s stated likelihood was not a final ruling on Apple’s allegations.

The proposed search was another point of contention. The judge described Apple’s request to inspect every device and repository that might contain its trade secrets as a ‘huge ask,’ according to the hearing reports. Apple lawyer John M. Desmarais said the company would narrow its inspections to a small group of former employees whom it had identified.

How the Apple and OpenAI dispute reached court

Apple sued OpenAI in July, alleging that OpenAI, its hardware chief and a former iPhone hardware engineer conspired to obtain confidential information about product design, manufacturing, components, testing and supply chains. OpenAI denies wrongdoing. It has said it has no need or desire for Apple’s trade secrets and has characterized the case as an effort to restrict employees leaving for a competitor.

OpenAI’s separate claim about a former employee

In a separate filing on October 14, OpenAI alleged that a former employee who returned to Apple sent more than 100 confidential files about at least one unreleased OpenAI device to personal accounts on their last day at OpenAI in June. Business Insider reported that OpenAI described the files as covering engineering, manufacturing, suppliers and project information. OpenAI also said it understood that the employee later briefed senior Apple leaders on its product plans.

Apple said it found nothing to substantiate OpenAI’s claim and called the filing an attempt to distract from its own allegations.