OpenAI agrees not to use alleged Apple trade secrets during lawsuit

OpenAI agreed at a court hearing not to use Apple trade secrets that Apple alleges may have been stolen. The commitment applies while the companies’ legal dispute continues.

The company also agreed to collect forensic images from devices belonging to 14 employees that may contain Apple’s confidential information. Judge Edward Davila will oversee enforcement of the agreement.

Court may impose sanctions

Davila indicated that he was likely to grant Apple’s request for a preliminary injunction. OpenAI could face court-imposed sanctions if it violates the agreement.

Apple sued OpenAI, former employees Chang Liu and Tang Tan, and io Products. Apple alleges that a former employee who left OpenAI to return to Apple took more than 100 confidential files related to unreleased hardware.

Apple had sought to prevent the defendants from accessing, using or disclosing its confidential information during the case. It also requested expedited access to internal documents, forensic evidence and employee testimony; some of those requests were granted the previous day.

The judge pushed back on part of Apple’s demands, describing an inspection of every device and repository that might contain trade secrets as excessive. Apple attorney John M. Desmarais said the company would limit inspections to a small group of former employees.