OpenAI reportedly agrees not to use Apple’s alleged trade secrets while the case runs

According to Bloomberg, OpenAI has agreed not to use the trade secrets Apple accuses it of misusing, for as long as the lawsuit is pending. The commitment came at a hearing on Wednesday, October 14, before U.S. District Judge Edward Davila in San Jose. OpenAI denies the allegations, and the court has not ruled on whether they are true.

Apple sued OpenAI in July, naming OpenAI, io Products, and former Apple employees Tang Tan and Chang Liu. The case is Apple Inc. v. Liu in the Northern District of California. Apple alleges that the former employees used its proprietary information to help OpenAI develop hardware, and that they told new OpenAI hires how to avoid scrutiny when leaving Apple.

OpenAI agreed not to use the alleged secrets during the case

Bloomberg describes the commitment as voluntary, and says the judge can enforce it. The reporting does not say whether OpenAI filed it as a stipulation or whether it was entered as an order. The October 13 order does not mention the agreement. No statement from Apple or OpenAI on the agreement was available when this was written.

OpenAI will collect forensic images from 14 employees’ devices

OpenAI also agreed to collect forensic images from the devices of 14 employees that may hold Apple’s confidential information, Bloomberg reported. A forensic image is a full copy of a device’s data that investigators can examine later.

The judge had already flagged the risk of lost evidence. In the October 13 order, he called Apple’s argument that forensic data could be lost or overwritten "well-taken." He pointed to a conversation in which Liu and Alyssa Peng discussed restoring Apple-owned devices.

Apple gets early access to messages and interviews, not R&D files

Under the October 13 order, Apple can get three categories of material before the normal discovery schedule:

• Forensic images the defendants have already collected
• Documents used to interview Apple candidates for OpenAI’s hardware group, including scripts and summaries of interviews with Apple employees
• LINE conversations between Liu and Peng since January 1, 2026

Apple’s request for OpenAI’s research files on metal finishes, power management, and battery functionality was denied. Those files will come through regular discovery. Liu, Tang Tan, and Peng must sit for depositions, and OpenAI and io Products must produce corporate witnesses.

The judge also deferred ruling on requests that use the term "Apple Originated Information." He called it "amorphous as currently defined" and gave Apple five days to propose a tighter version.

The judge is reportedly likely to back Apple on the injunction

Apple has asked for a preliminary injunction that would bar OpenAI from using any confidential information it acquired from Apple while the case goes on. At the hearing, Davila said he was "highly likely" to side with Apple, according to Bloomberg. No ruling has been reported yet.

OpenAI’s motion to dismiss argues that Apple has not identified any specific stolen trade secrets. OpenAI has said it has no need or desire for Apple’s trade secrets.

Bloomberg’s Mark Gurman reported in July that the case could make it harder for OpenAI to keep its reported 2027 timeline for its first device. An injunction would limit how that hardware work can use Apple’s information.

The first deadline falls around October 18

Defendants must respond to the expedited requests within 14 days of the order, or within five days for materials they have already collected. The forensic images are in the five-day group, so they are due around October 18. The depositions follow within 30 days after Apple receives those responses.

The reporting gives no date for the injunction ruling.