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Apple Seeks to Inspect OpenAI's Hardware to Verify Trade Secret Claims

By Tech Desk · 2026-09-15 · 2 min read
A wooden gavel resting on a desk next to a stack of paper
Illustration: Tradingbird

Apple is requesting court access to OpenAI's unreleased device, arguing that a verbal assurance of non-infringement is insufficient to protect its proprietary technology.

Apple has asked a federal judge to allow it to examine the hardware OpenAI is currently developing. The tech giant argues that OpenAI’s claim that its new device does not infringe on Apple’s intellectual property is merely a verbal assurance, which Apple considers inadequate. The company wants to verify that its trade secrets have not been used in the design process before the product hits the market.

This legal maneuver comes as the dispute between the two companies intensifies. Apple alleges that OpenAI has engaged in trade secret theft, a claim OpenAI denies by stating it is creating something entirely new. However, the hiring of hundreds of former Apple employees by OpenAI has fueled Apple’s suspicion that proprietary knowledge is being transferred. As reported by GN technics/hardware, the core of the argument is whether a competitor can simply promise secrecy without allowing the aggrieved party to check the facts.

The dispute centers on unverified claims

Apple’s legal team contends that waiting for the product release to address potential infringements is too late. Once a device is on the market, its design is effectively public knowledge, making it impossible to restore confidentiality. By requesting access now, Apple aims to prevent any alleged misuse of its secrets from becoming permanent. The argument rests on the idea that if OpenAI has nothing to hide, it should have nothing to fear from a review.

OpenAI’s defense relies on the novelty of its project. The company suggests that because it is building a new type of device, it does not rely on existing Apple secrets. Critics point out the irony of this stance given the significant overlap in personnel. The tension highlights a common legal challenge in the tech industry: how to prove a negative when the evidence is locked inside a competitor’s lab.

Court may appoint neutral third-party experts

Judges are often cautious about allowing one company to see a rival’s proprietary hardware directly. Such a move could risk further leakage of sensitive information. A more likely outcome is the appointment of an independent expert witness. This neutral party would inspect the device on Apple’s behalf and report on whether any trade secrets were misused, providing a balanced view without direct corporate access.

There is precedent for this approach in other high-profile IP disputes. Similar mechanisms have been used when companies accused each other of copying automotive or industrial designs. This middle ground allows the court to verify claims without giving the plaintiff unrestricted access to the defendant’s workshop. It balances the need for transparency with the obligation to protect ongoing development.

Resolution requires transparency and trust

Ultimately, the outcome of this case will depend on how much trust the court places in OpenAI’s assurances. If the independent review finds no issues, Apple’s concerns may be alleviated. If problems are found, the stakes for OpenAI will be significantly higher. For now, both sides are in a standoff, with the court serving as the arbiter of who gets to see what.

Based on reporting by Computerworld, compiled by the Tradingbird desk.

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