OpenAI has agreed not to use Apple's alleged trade secrets while a lawsuit proceeds, after a federal judge signaled he is likely to rule against the company. The concession came at a hearing on Wednesday, Oct. 14, in a Silicon Valley court, and it puts OpenAI's consumer hardware ambitions in front of a judge. The Apple OpenAI trade secrets lawsuit moved quickly this week, and the coming weeks could decide how much of OpenAI's device work stays in play.
The timing is hard to ignore. The judge ordered expedited discovery on Tuesday, Oct. 13, and the Wednesday hearing covered OpenAI's motion to dismiss and Apple's request for a preliminary injunction. Two of the country's largest technology companies are now fighting over a product that could reach American consumers.
The case has a personal dimension too. Apple's suit centers on former employees, including OpenAI's chief hardware officer, Tang Tan. OpenAI acquired io, the hardware startup co-founded by Jony Ive, for $6.5 billion in 2025, and Apple's complaint names io as a defendant (Gizmodo). Apple and OpenAI had worked together for about two years, with ChatGPT built into Apple software, so the lawsuit marks a sharp break (NewsBytes).
What the judge said and what OpenAI agreed to
NewsBytes reported that U.S. District Judge Edward Davila said at the hearing that he was "highly likely" to side with Apple and issue an injunction against OpenAI. That phrase comes from a news account rather than a transcript, and the sources reviewed for this story included no written order. Until a written order appears in the court record, treat the injunction as expected rather than issued.
OpenAI's response was a no-use pledge. According to the same report, the company agreed not to use the alleged trade secrets while the case proceeds. The sources do not say how broad that promise is, or whether a court would enforce it as an order. OpenAI denies the allegations and says Apple's suit is an attempt to stop employees from leaving for a competitor.
The judge also weighed in on evidence. Law360 reported that he called Apple's concerns about preservation of some evidence "well-taken" (Law360). Bloomberg Law reported that he cited a conversation about wiping Apple-owned electronics as a valid risk to forensic evidence (Bloomberg Law). That detail should concern any employer whose departing staff still hold company hardware.
What Apple alleges about former employees
Apple filed the suit in July 2026 against OpenAI, Tang Tan, Chang Liu and io Products. It accuses the defendants of coordinating to extract confidential product information from former Apple staff (9to5Mac).
AppleInsider laid out the specifics. Apple says former employees kept using work-issued devices after they left, emailed themselves supplier information, and told Apple employees interviewing with OpenAI to bring unreleased Apple hardware (AppleInsider). These are allegations, and OpenAI disputes them.
The shape of the complaint matters. Yahoo Finance reported that Apple's complaint centers on former employees, so the case turns on what the company knew and did, not only on the fact that people changed jobs (Yahoo Finance). That is a harder test than showing that someone simply left for a rival.
Discovery orders, depositions and deadlines
The Oct. 13 order is the first concrete step. According to TechCrunch, the judge ordered OpenAI to turn over hiring records. Apple can now access OpenAI's interview materials involving former Apple employees, along with private messages between people named in the case (Gizmodo). The court also approved expedited depositions of Chang Liu, Alyssa Peng and Tang Tan, all of whom are former Apple employees.
Apple did not get everything it asked for. The judge denied broader requests, including access to OpenAI's hardware research on metal finishes, power management and battery functions. He said that work can proceed on an ordinary timeline, according to Gizmodo and Bloomberg Law.
| Date | What happened |
|---|---|
| July 2026 | Apple sues OpenAI, Tang Tan, Chang Liu and io Products |
| Tue., Oct. 13, 2026 | Judge orders expedited discovery and approves depositions |
| Wed., Oct. 14, 2026 | Hearing on OpenAI's motion to dismiss and Apple's injunction request; judge comments; OpenAI agrees to no-use pledge |
Document deadlines are short. OpenAI has five days to turn over materials it already collected and 14 days for other responsive materials. Depositions will take longer. AppleInsider reported that they could be months away.
Why the case reaches OpenAI's hardware plans
OpenAI is preparing its first consumer device, a product that could compete with smartphones. According to Yahoo Finance, the lawsuit could affect the timing and design of that device. That commercial stake is what turns this from an employee dispute into a product question.
The judge's treatment of the hardware research is the detail to watch. By letting OpenAI's metal-finish, power and battery research proceed on an ordinary schedule, the court signaled that it is not treating all of the company's hardware work as tainted. A preliminary injunction could still limit how the company uses people and information tied to the case, and that may matter more than any single document.
OpenAI already faces other legal pressure. Eight states have sued the company over ChatGPT risks to children and adults, as USA 24 reported. Separately, an OpenAI engineer was arrested after a hidden recorder was found in an executive room, a story USA 24 covered as well.
How this compares with other poaching claims
The closest comparison is xAI's trade-secret suit against OpenAI. In February, a federal judge dismissed that case but allowed a refiled complaint. The ruling set a high bar for claiming that a company itself is liable when employees move between firms (Reuters via Yahoo Finance).
Apple's approach looks different on paper. It names the company, its hardware chief and io, and it centers on what the company knew and did. Whether that framing survives the motion to dismiss is the question the court has not yet answered.
What employers and workers can take from the case
The allegations point to habits that HR and legal teams can review now. These are general best practices drawn from the allegations, not legal advice.
- Collect company devices on the last day, and check for logins to personal accounts and for email forwarding rules that send work messages elsewhere.
- Ask departing staff to confirm in writing that they have returned confidential material and kept no copies, including supplier lists.
- Suspend automatic wipes and reimaging for departing staff's devices when a dispute is reasonably likely, since the judge highlighted the risk of wiping Apple-owned electronics.
- Brief recruiters and hiring managers not to ask candidates to bring unreleased products, prototypes or internal documents from a former employer.
- Workers changing jobs should leave old files behind and check with counsel before using anything that might belong to a former employer.
What to watch next
The next signals are a written order on the injunction, the exact wording of OpenAI's no-use pledge and any ruling on the motion to dismiss. The sources reviewed did not verify a next hearing date, so check the court docket before relying on a schedule. Whether the Liu and Tan allegations lead to criminal referrals or other government action is also unknown, since none has been reported.
The depositions deserve attention too. Once Tang Tan, Chang Liu and Alyssa Peng testify, the case moves from documents to people. For a company preparing its first device, their accounts of how that work began could matter more than any headline from the hearing.
