OpenAI Pledges Not to Use Disputed Apple Secrets as Lawsuit Advances

Apple's lawsuit accuses OpenAI of obtaining proprietary information about upcoming products through former Apple employees. The case also names former employees and io Products, according to 9to5Mac Apple.

The dispute concerns products that have not yet reached customers. The Financial Times reported that the court battle comes as OpenAI prepares to unveil an AI device designed by Sir Jony Ive. The companies are also partners: Business Line reported that their two-year-old partnership brought ChatGPT into Apple software.

On October 13, Judge Edward Davila granted some of Apple's requests for expedited discovery, allowing it to obtain evidence early in the case, according to 9to5Mac Apple. The ruling covered interview materials involving former Apple employees, private messages and testimony, TechCrunch reported. Apple did not receive everything it requested.

On October 14, the companies headed to court in San Jose over opposing requests. Apple wanted to stop OpenAI from using information allegedly taken from it, while OpenAI sought to have the case thrown out, according to The Next Web.

That day, OpenAI made its own allegations in a court filing. It claimed a former employee took more than 100 files about its product plans before joining Apple, The Verge reported. The files allegedly included detailed images of an unreleased device, according to The Wall Street Journal.

OpenAI also alleged that the employee sent files to a personal account and later presented information about the unreleased product to senior Apple leadership, the Guardian reported. These are OpenAI's allegations, not established findings.

During the October 14 hearing, OpenAI voluntarily agreed not to use Apple's alleged trade secrets while the litigation continues, according to 9to5Mac Apple. AppleInsider reported the following day that the commitment came after the judge said he was highly likely to grant Apple's injunction.

Apple has won access to some evidence, not a final ruling on its theft allegations. OpenAI's commitment limits its use of the disputed Apple information while the case proceeds, according to 9to5Mac Apple.

The allegations now run in both directions. Apple has also responded to OpenAI's claims about the departing employee, 9to5Mac Apple reported on October 15, though the supplied coverage does not give the substance of that response.

The next questions concern the outcome of the competing court requests: what restrictions will apply to the disputed information, and whether OpenAI succeeds in its attempt to dismiss the case. The Next Web identified those requests as the central issues before the court.

The documents and testimony Apple has secured could help test its allegations. The discovery ruling gives Apple access to evidence, but only part of what it sought, according to AppleInsider.