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Apple Escalates Trade Secrets Fight With OpenAI, Sending Legal Letters to 40 Former Employees

Martin HollowayPublished 2w ago5 min readBased on 8 sources
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Apple Escalates Trade Secrets Fight With OpenAI, Sending Legal Letters to 40 Former Employees

Apple has sent legal letters to approximately 40 former Apple employees now working at OpenAI, instructing them to preserve documents and communications tied to an ongoing trade secrets dispute between the two companies (Financial Times).

The letters, reported on July 17, 2026, escalate a lawsuit Apple filed one week earlier. On July 10, Apple sued OpenAI in the Northern District of California federal court, alleging that former Apple employees took proprietary product designs, supplier information, and other trade secrets with them when they left Apple to join OpenAI (CNBC; MacRumors). The lawsuit names two OpenAI employees as defendants alongside OpenAI itself (Financial Times).

Apple's complaint goes beyond the claim that departing employees carried confidential information out the door. Apple alleges that OpenAI actively coached departing Apple employees on how to evade Apple's security processes when leaving the iPhone maker (CNBC). Apple has also requested an injunction — a court order that would require OpenAI to stop using any Apple information while developing OpenAI's AI hardware device (MacRumors).

OpenAI has dismissed the lawsuit as meritless (MacRumors). According to The New York Times, OpenAI had been considering legal action against Apple as of May 14, 2026, weeks before Apple filed its own suit (New York Times).

The scale of talent movement between the two companies frames the dispute. More than 400 former Apple employees now work for OpenAI (Reuters). The 40 individuals who received preservation letters represent roughly ten percent of that group, suggesting Apple is casting a wide net in its evidence-gathering phase rather than focusing narrowly on the two named defendants.

Apple has not issued any public statement through its official newsroom regarding the legal action against OpenAI or its employees. OpenAI's public response has been limited to calling the suit without merit.

The preservation letters are a standard litigation step, but their breadth matters. Once a document preservation obligation is triggered, recipients must retain all relevant materials — emails, messages, internal memos, and design files. Failing to comply can expose individuals to court sanctions or unfavorable inferences from a judge. By sending these letters to 40 people at once, Apple is broadening the pool of evidence it can potentially access before any court agreement narrows the scope of what must be handed over.

The injunction request targeting OpenAI's AI hardware device development is the most consequential part of the complaint. If granted, even temporarily, it could force OpenAI to separate or pause work streams that touch any code, design document, or supplier relationship traceable to Apple. Proving that Apple-derived information has actually entered OpenAI's hardware pipeline is a higher bar than simply alleging it, but the injunction itself functions as a litigation lever, pushing OpenAI to demonstrate that it has kept Apple's information out of its work — what lawyers call a "clean-room" separation — or risk operational disruption.

The allegation that OpenAI coached employees to circumvent Apple's departure security protocols, if proven, would set this case apart from ordinary employee mobility disputes. Trade secret claims against individual hires are common in Silicon Valley; claims that a competitor systematically instructed hires to defeat the source company's data-loss-prevention controls are far less common and, if proven, would carry heavier legal exposure for OpenAI as an organization rather than just its individual employees.

The broader context here is an intersection that has been building tension for some time. AI companies have been aggressively recruiting hardware and silicon talent from established consumer-electronics manufacturers, and those manufacturers have been treating their proprietary design and supplier ecosystems as intellectual property worth defending. The 400-plus Apple-to-OpenAI talent pipeline is not unique in direction, only in volume and visibility. What is unresolved is whether the legal system will treat the movement of people and the movement of proprietary information as separable, or whether the sheer density of the talent transfer will be treated as evidence in itself.

Apple filed on July 10. OpenAI called the suit meritless. The preservation letters went out to 40 people on or before July 17. The Northern District of California will now determine whether the dispute escalates from allegation to injunction.