Apple demands OpenAI injunction, discovery, testimony now to prevent more harm

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 a third as yet unknown former Apple staffer.

What happens next

A judge in the US District Court for the Northern District of California will be considering Apple's filing. There is no announced schedule for what may happen next, however.

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.

What's most likely is that this is a requirement of filing this particular type of lawsuit. Apple's aim appears to be 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.