Apple is doubling down on its lawsuit against OpenAI over claims of intellectual property theft, and has now asked the courts for a preliminary injunction that could delay the ChatGPT firm's AI device.
While OpenAI has turned to the court of public opinion in this case, Apple has now gone to a US judge. According to Reuters, on August 3, 2026, Apple asked for a preliminary injunction, and inspired OpenAI's post that didn't say that much.
Specifically, it asked for this injunction to bar OpenAI and two former Apple employees from acquiring or using allegedly confidential information. In a separate motion, it also asked the judge to require OpenAI to produce documentation relating to the defendants.
"Apple will be irreparably harmed absent a preliminary injunction," said the company's filing. Apple further wants depositions to be taken from multiple OpenAI representatives and in particular three ex-Apple employees.
Those include the previously named Chang Liu and Tang Tan, plus now Yu-Ting ("Alyssa") Peng. The full filing also refers repeatedly to an ex-Apple employee it only calls "Individual No. 1."
Most of the details in the filing refer to previously revealed accusations such as Apple's claim that ex-employee Tan accessed confidential information. Similarly, the filing repeats the accusation that OpenAI asked job candidates to bring information to interviews.
It is more specific in that this filing alleges that such candidates were directed "to bring Apple prototypes and CAD designs and artifacts for 'show and tell'." Apple also claims that a suppler was induced "to perform an Apple proprietary metal-finishing process."
Alongside these claims against people who have mostly been named before, though, Apple now says it has "serious concerns" about eleven other OpenAI employees. It accuses unnamed employees of meeting with OpenAI to discuss unannounced Apple products, for instance, and another of taking screenshots of confidential documents.
"And, after Apple filed its complaint, multiple former Apple employees now working at OpenAl reached out to discuss returning Apple-issued work devices they kept when they left Apple," says the filing. "Thus, there are multiple now-OpenAl employees who appear to have witnessed some of the events in question and to have used, acquired, and/or retained proprietary Apple information after their own departures from Apple."
A judge in the US District Court for the Northern District of California will be considering Apple's filing. That filing does specify that a hearing should be held on October 1, 2026, at 9:00 a.m. Pacific.
The judge may have already informed Apple that this date is possible, or it could be that Apple has established that there is an open slot in the court's calendar. Either way, it's possible that the court will reschedule.
It's not clear, though, how Apple believes an injunction against acquiring or using confidential information can be enforced, other than to add damages later. If the OpenAI employees did as Apple accuses, they already have and will already have used that information.
Tang Tam – Image Credit: mit.gelstagram/Instagram
What's most likely is that this is a requirement of filing this particular type of lawsuit. Apple's aim really appears to be solely to expedite the discovery process and so get the lawsuit moving as quickly as possible.
That could be beneficial to OpenAI too, though, depending on how the final case is resolved. While it remains embroiled in this suit, it's possible that its first AI hardware device may have to be delayed.
Reports claim that this first AI device will essentially be an Apple-like HomePod. Consequently, OpenAI may have to prove that it was made without the use of Apple's trade secrets.
It's hard to prove a negative, but should it be able to, OpenAI may then be able to launch this device. The company needs to be launching multiple AI devices and soon, because its finances are such that it only has a couple of years before it will begin to run out of money.
Apple vs Tan et al motion for injunction by Mike Wuerthele
Update: August 4, 11:50 Updated with details from Apple's new filing, which is embedded in full above.
