OpenAI counters Apple’s theft suit and accepts limits on disputed secrets

OpenAI accused a former employee who returned to Apple of taking more than 100 confidential files tied to an unreleased device. The accusation came just before an October 14 hearing in Apple’s trade secrets lawsuit, where OpenAI agreed to leave the disputed secrets unused during the case.

The exchange, covered in The Rundown’s latest issue, left Apple with an apparent early advantage. Judge Edward Davila said an injunction against OpenAI was “highly likely” before the company accepted an agreement he can enforce, Bloomberg Law reported.

OpenAI’s accusation

In its October 14 filing, OpenAI says the employee spent six months at the company before rejoining Apple. It alleges that he transferred confidential files to personal accounts, including device images, engineering and manufacturing information, and supplier material.

OpenAI said some files were transferred just after midnight in Singapore on June 2, 2026, the employee’s final day. It also said it understood that he later briefed Apple’s leadership on OpenAI’s product plans.

OpenAI pointed to Apple’s HomeView unveiling as a sign that the alleged information had been used. Apple announced the HomeView smart display on October 13, opening preorders that day with availability scheduled for November 13.

That timing leaves room for skepticism. The Verge noted that Apple’s smart display had been rumored for years and pointed to the company’s long product planning timelines. The connection between the alleged briefing and HomeView remains unproven.

Apple said it found no evidence supporting OpenAI’s accusation and called it a distraction. OpenAI denies Apple’s allegations against it. It is holding off on counterclaims while seeking to establish whether Apple has the files.

What Apple secured in court

The October 14 agreement also requires forensic copies of 14 employees’ devices. It followed an October 13 order granting Apple early access to evidence, including device images, interview summaries and LINE conversations, along with early depositions.

Davila expressed concern that allegedly stolen information could become embedded in OpenAI’s hardware development before the court could address the harm. He only partly granted Apple’s requests, however. He kept some requests about hardware research on the normal court schedule and criticized Apple’s broad definition of “Apple Originated Information.”

Why it matters

OpenAI’s counteraccusation creates a competing theft headline. Apple appears to have secured the more consequential early result. OpenAI avoided a likely adverse ruling by accepting restrictions the judge can enforce, while Apple gained faster access to evidence about the hardware work. The court has yet to decide Apple’s theft claims.

For OpenAI’s hardware team, the case could make documenting independent development an immediate task. Engineers and managers may need to trace which files and ideas informed the design. The device copies, interviews and messages could help establish that history, drawing time and attention during product development.

If evidence shows disputed material became part of the device, OpenAI could face extra work to replace it. Any effect on the launch schedule would depend on what the case establishes and how the company responds.

OpenAI has already made hardware a public ambition. Its announcement with Jony Ive, updated in July 2025 to confirm that the io team had merged into the company, describes plans for new products and interfaces. That promise gives questions about the origins of the work particular weight around an eventual debut.

OpenAI is also targeting a $1.4 trillion valuation. An unresolved theft dispute could leave the company answering questions about where its device came from when it wants to show what makes it new.