TradingKey - OpenAI's first AI hardware is about to launch, but allegations of copying Apple could introduce uncertainties and delay the release timeline.

According to market sources on August 7, OpenAI plans to release its first highly anticipated AI hardware in 2027, which is essentially a portable smart speaker without a display, allowing users to easily carry it around with one hand. People familiar with the matter revealed that OpenAI believes the device does not infringe on Apple Inc. ( AAPL )'s trade secrets.

Recently, Apple filed a trade secret lawsuit against OpenAI in the U.S. District Court for the Northern District of California, alleging that OpenAI stole its unreleased hardware technologies and trade secrets through systematic poaching and interview processes. Apple claims that OpenAI has poached more than 400 former Apple employees to date, and the lawsuit directly names former Apple hardware executives who defected to OpenAI, including Tang Tan, OpenAI's current chief hardware officer, and engineer Chang Liu.

Facing Apple's legal offensive, OpenAI has taken a highly aggressive stance, issuing a statement and filing a motion with the court to dismiss the lawsuit. In its response, OpenAI pointed out that Apple is attempting to use groundless litigation to block the lawful mobility of employees simply because it has fallen behind in the AI market and failed to retain top talent. In addition, OpenAI's legal team stated that the company is developing entirely new AI-native hardware with a form factor completely different from traditional devices like the iPhone, having absolutely no need or intention to use Apple's legacy technologies.

Despite OpenAI's response, it still needs to make progress on both legal and product fronts to fully refute Apple's claims. On the legal front, OpenAI must first defeat Apple's trade secret lawsuit and motion for an injunction in California federal court. On the product front, it depends on whether Jony Ive (Apple's former chief design officer), who is leading the new device, can prove that this is a 'new species' that upends traditional Apple hardware logic. Otherwise, it will be difficult for OpenAI to completely distance itself from Apple's technology and talent pool in the short term, and it could even be accused of replicating or copying Apple's designs. The court is expected to hold a preliminary injunction hearing in October, which will determine whether OpenAI must pause or adjust its hardware research and development plans.

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