OpenAI Agrees Not to Use Allegedly Stolen Apple Trade Secrets [Report]

OpenAI has agreed not to use trade secrets that Apple claims were taken by former employees, according to Bloomberg. The agreement will remain in place while the companies fight over the allegations in federal court.

The concession came at a hearing Wednesday, after U.S. District Judge Edward Davila said he was "highly likely" to grant Apple an injunction. Davila will be able to enforce the agreement, which also requires OpenAI to collect forensic images of 14 employees' devices that may contain confidential Apple information.

Apple did not get everything it requested. The judge described its proposed forensic inspection of all devices and repositories containing its trade secrets as a "huge ask." Apple's lawyer responded that the inspections could be limited to a small number of former employees.

A separate order issued Tuesday granted Apple limited expedited discovery, including hiring and interview records, previously collected forensic material, and depositions. The court declined to accelerate access to certain research and development documents, leaving those requests for the regular discovery process.

The dispute began with Apple's July lawsuit against OpenAI, its hardware chief Tang Yew Tan, and former iPhone engineer Chang Liu. Apple alleges that confidential information about product design, manufacturing, components, testing, and suppliers was taken to help OpenAI develop competing devices. OpenAI denies the allegations and argues that Apple is treating ordinary job interviews as trade secret theft.

Hours before Wednesday's hearing, OpenAI made allegations of its own in a new court filing. It said a former employee who had joined from Apple, spent six months at OpenAI, and then returned to Apple sent more than 100 highly confidential files about at least one unreleased OpenAI device to personal accounts.

Those files allegedly included hardware images, engineering and manufacturing data, supplier information, and details about cosmetic finishes and component coatings. Some were sent shortly after midnight in Singapore on June 2, the employee's final day at OpenAI. The company also alleged that the employee presented its product plans to senior Apple executives, including Apple's vice president of operations in Asia.

The filing specifically cited Apple's announcements of HomeView and Home Collection in arguing that its confidential information could be used to shape Apple's new AI-enabled products. That claim has not been established by the court.

Apple told Bloomberg it found no evidence to substantiate OpenAI's claims and has policies to prevent the use of confidential information from previous employers. It characterized the allegations as an attempt to distract from evidence that employees at OpenAI took Apple product information.

OpenAI asked for time to investigate whether Apple possesses or has used its information, and to pursue counterclaims if necessary. The filing does not itself bring those counterclaims.