• OpenAI claims a former employee who left for Apple (AAPL) presented details of an unreleased OpenAI product to senior Apple leaders, according to a brief filed in the ongoing trade secrets lawsuit.
  • The allegation, first reported in the filing, adds a new dimension to Apple’s July lawsuit accusing OpenAI of orchestrating the theft of confidential hardware secrets.
  • A hearing is scheduled for today on Apple’s request for a preliminary injunction and OpenAI’s motion to dismiss; no ruling has been issued yet.

OpenAI Fires Back with Counter-Allegation

OpenAI has alleged that a former employee who left the company for Apple gave a presentation about an unreleased OpenAI product to senior Apple leaders, according to a brief filed in the companies’ escalating trade secrets dispute. The claim, reported earlier today, marks a sharp reversal in a lawsuit that has largely focused on Apple’s accusations that OpenAI improperly obtained confidential information for its hardware ambitions.

The allegation, which has not been independently verified, was included in a filing related to the case. OpenAI argues that the presentation demonstrates Apple’s own interest in OpenAI’s unreleased technology, potentially undermining Apple’s claims of proprietary harm. The employee’s identity and the specific product discussed were not disclosed in the brief.

Apple sued OpenAI in July, alleging a coordinated effort to misappropriate trade secrets related to design, manufacturing, components, testing, and supplier relationships. OpenAI has denied the claims, calling the lawsuit “careless, aggressive and oddly personal” in a public statement.

Court Grants Limited Expedited Discovery

The revelation comes as U.S. District Judge Edward Davila on October 13 partially granted Apple’s request for expedited discovery. Apple will gain access to forensic device images, certain recruiting and interview materials, messages between former Apple employees, and early depositions of Chang Liu, Alyssa Peng, and OpenAI hardware chief Tang Yew Tan. However, the judge declined to accelerate discovery into parts of OpenAI’s hardware research, including metal finishes, power management, and battery functionality.

A hearing is scheduled for today on Apple’s request for a preliminary injunction and OpenAI’s motion to dismiss. The sources reviewed do not report a decision on those motions. OpenAI has argued that Apple has not identified sufficiently specific trade secrets and is portraying ordinary recruiting as misconduct.

The legal battle has drawn attention to the increasingly blurred lines between employee mobility and trade secret protection in the AI hardware sector. OpenAI’s roughly $6.5 billion acquisition of Jony Ive’s io Products in 2025 established the foundation for its hardware push, placing it in direct competition with Apple. The two companies remain software partners, with ChatGPT integrated into Apple’s ecosystem.

“What institutional investors like us are really focused on is regulatory stability,” said Andrea Valeri, Blackstone (BX)’s Italy chairman, at a recent conference in Milan, though his comments were related to a separate topic. The quote underscores the broader market’s sensitivity to legal and regulatory uncertainty, which could affect OpenAI’s reported plans for a public listing.

OpenAI is targeting a $1.4 trillion valuation and preparing to go public, according to Bloomberg Law. The Financial Times reported on October 8 that OpenAI’s revenue approached a $50 billion annualized run rate at September’s end, below a previously reported $70 billion figure. An annualized run rate is not full-year recognized revenue or profit.

Apple, meanwhile, reported fiscal Q3 2026 revenue of $109.4 billion, up 16% year over year, with diluted EPS of $2.02, up 29%. Gross margin was 50.1%, boosted by tariff refunds that contributed approximately two percentage points to margin and $0.11 to EPS. The company is now led by CEO John Ternus, who succeeded Tim Cook on September 1, 2026.

The trade secrets case has also highlighted a related dispute involving AI-device startup iyO, which brought allegations concerning a leaked drawing of an unreleased product and later added trade-secret claims against Tan. That illustrates a broader pattern of proprietary-design disputes around emerging AI hardware, but it does not establish wrongdoing in Apple’s case.

Representatives for Apple and OpenAI did not immediately respond to requests for comment on the latest allegation. The court has not yet ruled on the central claims, and the outcome of today’s hearing could shape the next phase of the litigation.

Clarification: An earlier version of this article misstated the date of the expedited discovery ruling. It was October 13, not October 14.