What may happen next
Despite the merits of the argument, I think Apple’s request will not prevail, in part because the court may assess that if Apple takes a look at OpenAI’s homework it may compound the risk of IP theft. But that doesn’t mean Apple’s attempt will fail outright, as the compromise position is likely to be the appointment of a trusted, independent, third-party expert witness to take a look at what Apple’s competitor is making in Apple’s stead.
There is precedent for this. That’s more or less what happened when Waymo pursued a similar case against Uber, or when AMCS litigated against Sinovel. There are nuances to all three cases that mean they aren’t perfectly aligned, but that does seem a logical next step to this layman.
Of course, just because it’s logical doesn’t mean either party is going to like it, but OpenAI could conceivably even suggest such an approach as it seeks to buy itself time to build and release its still mythical hardware. That’s also why Apple wants a chance to look at documents pertaining to that hardware to make very certain it hasn’t infringed any of Apple’s own trade secrets.
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