OpenAI swears it won't use the Apple trade secrets it seemingly admits it has

After a judge expressed high confidence in granting Apple's injunction, OpenAI is attempting to mitigate potential harm by pledging not to utilize proprietary information during the ongoing legal battle. In July 2026, Apple filed a lawsuit against OpenAI for alleged trade secret theft, and following extensive evidence, the ChatGPT creator ceased denying the claims.

Bloomberg reports that OpenAI has now vowed to refrain from using any proprietary Apple information, with a particular focus on trade secrets from former Apple employees during the ongoing case. This move is significant as Judge Edward Davila has indicated a strong likelihood of granting Apple an injunction, which could compel OpenAI to halt all work on its anticipated AI device.

By voluntarily agreeing to not use Apple's trade secrets before any injunction, OpenAI may potentially reduce the scope of the ruling. Furthermore, OpenAI has also offered to provide Apple with forensic images of drives belonging to 14 former Apple employees. This preemptive action provides the data that OpenAI is likely to be ordered to possess, potentially averting a broader ruling.

This scenario represents the latest phase of a case yet to reach trial. Recent preparatory hearings have involved Apple's requests for early discovery of OpenAI's information, which Judge Davila has largely approved. However, Apple did not secure all it sought in court. Simultaneously, OpenAI has filed a separate suit against Apple, asserting that the latter had also stolen trade secrets.

OpenAI's lawsuit mirrors Apple's in every aspect, including the allegation that Apple failed to respond to OpenAI's communications. Despite naming one specific employee in OpenAI's suit, it does not identify this individual. Moreover, the suit claims that this unnamed employee rejoined Apple in June 2026 and provided OpenAI with secrets that were utilized in developing the HomeView.

However, there is evidence suggesting that the HomeView has been under development since at least 2023.