OpenAI has voluntarily agreed not to use trade secrets that Apple claims were stolen, as their legal battle continues. The agreement was reached during a hearing on October 14, 2026, according to Bloomberg and 9to5Mac. OpenAI also committed to collecting forensic images of devices from 14 employees that may contain Apple's confidential information.
The case stems from Apple's lawsuit accusing OpenAI and two former Apple employees, Chang Liu and Tang Tan, of trade secret misappropriation. Apple also sued io Products, a hardware company linked to OpenAI. During the hearing, Judge Edward Davila indicated he was highly likely to grant Apple's request for a preliminary injunction, prompting OpenAI's voluntary agreement.
OpenAI's voluntary agreement: what it covers
Under the agreement, OpenAI will not use any trade secrets that Apple claims were stolen while the lawsuit proceeds. The company also agreed to collect forensic images from devices belonging to 14 employees that may contain Apple's confidential information.
Judge Davila will have the authority to enforce the agreement, meaning OpenAI could face court-imposed sanctions if it fails to comply. Bloomberg reported that OpenAI also filed a motion earlier in the day, alleging a former employee who left OpenAI to return to Apple took over 100 confidential files related to unreleased hardware.
Forensic images and limits on Apple's requests
Apple had sought expedited discovery to support its injunction request, asking for early access to internal documents, forensic evidence and employee testimony. Many of those requests were granted earlier.
However, Judge Davila pushed back on some of Apple's demands. He described Apple's request to inspect every device and repository that might contain its trade secrets as a "huge ask." Apple's attorney, John M. Desmarais, responded that the company would limit its inspections to a small group of former employees, adding that OpenAI doesn't have "400 bad apples," but rather "a few bad apples and know who they are." The dispute over access continues, but the agreement reached today sets limits on how OpenAI can use the alleged trade secrets during the litigation.
