OpenAI agrees not to use alleged Apple trade secrets as judge signals likely injunction
Verified· Oct 15, 2026Published Oct 15, 2026
OpenAI told a court on October 14 it will not use Apple's alleged trade secrets while their lawsuit proceeds. Judge Edward Davila said he is highly likely to grant Apple's injunction request, and OpenAI will collect forensic images from 14 employee devices.
What happened
- During a hearing today, OpenAI voluntarily agreed not to use trade secrets Apple claims were stolen, while the legal battle between the two companies plays out. The hearing details were reported by Bloomberg via 9to5Mac.
- Judge Edward Davila indicated he was "highly likely" to grant Apple's request for a preliminary injunction against OpenAI.
- Earlier today, OpenAI filed a new motion in the lawsuit in which Apple accuses the company of stealing trade secrets, alleging that a former employee who left OpenAI to return to Apple took more than 100 confidential files related to its unreleased hardware. OpenAI also asked the court for permission to pursue counterclaims.
- As part of the agreement established today, OpenAI committed to collecting forensic images of devices from 14 employees that may contain Apple's confidential information.
- Judge Davila will have the authority to enforce the agreement, meaning OpenAI could face court-imposed sanctions if it fails to comply with its commitments.
- The judge pushed back against some of Apple's demands, describing its request to inspect every device and repository that might contain its trade secrets as a "huge ask." Apple's attorney, John M. Desmarais, said the company would limit its inspections to a small group of former employees.
Why it matters
- This is Apple's second win in a row against OpenAI: Apple won expedited discovery yesterday, and today the judge signaled he is likely to grant the preliminary injunction.
- The agreement puts OpenAI under direct court enforcement: any use of the alleged trade secrets could trigger sanctions.
- The case centers on hardware trade secrets tied to OpenAI's unreleased device effort, with over 100 confidential files allegedly taken to Apple.
Verified Oct 14, 2026
Sources
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