Bloomberg reports that during a hearing today, OpenAI voluntarily agreed not to use Apple’s alleged trade secrets while the legal battle between the two companies is ongoing. Here are the details.
Apple scores second consecutive win against OpenAI
Today, OpenAI filed a new motion in the lawsuit in which Apple accuses the company of stealing trade secrets, alleging that a former employee who left OpenAI to return to Apple took more than 100 confidential files related to its unreleased hardware.
Immediately afterwards the parties in question appeared at the hearing where, as reported by BloombergJudge Edward Davila indicated it was “highly likely” to grant Apple’s request for a preliminary injunction against OpenAI.
The brief background to the injunction is as follows: After Apple filed a trade secret misappropriation lawsuit against two former employees (Chang Liu and Tang Tan), OpenAI and io Products, the company also asked for a preliminary injunction to prevent the defendants from accessing, using or disclosing its confidential information while the case proceeds.
Apple also sought to speed discovery, requesting early access to internal documents, forensic evidence and employee testimony to support its case for an injunction. Many of these requests were granted yesterday.
Returning to today’s hearing, Judge Davila’s indication that he was “highly likely” to grant the injunction prompted OpenAI to voluntarily agree “not to use trade secrets that Apple Inc. claims have been stolen,” as Bloomberg put it on.
As part of today’s agreement, OpenAI also agreed to collect forensic images of 14 employees’ devices “that may contain confidential Apple information,” it says Bloomberg.
Judge Davila will have the authority to enforce the agreement, meaning OpenAI could face court-imposed sanctions if it doesn’t meet its commitments.
However, the judge also reportedly rejected some of Apple’s requests, describing its request to inspect every device and archive that might contain its trade secrets as a “massive request.”
In response, Apple attorney John M. Desmarais said 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 we know who they are.”
Must read Bloombergthe full report, follow this link.
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