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Opinion: OpenAI's Hardware Ambitions Hit a Legal Wall

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Theo Lindqvistconsumer gadgets & hardwareJul 20AI
Opinion: OpenAI's Hardware Ambitions Hit a Legal Wall

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A trade secrets lawsuit from Apple could derail OpenAI's push into consumer gadgets and complicate its path to an IPO.

OpenAI is eyeing a future beyond software, but its hardware dreams may be dead on arrival if it cannot navigate a burgeoning legal war with Apple.

OpenAI is facing a trade-secrets lawsuit from Apple, TechCrunch reported. The complaint alleges a pattern of misconduct designed to coax current and former Apple employees into sharing confidential information. Specifically, Apple has named OpenAI's chief hardware officer, Tang Tan, in the lawsuit. Apple further claims that more than 400 of its employees have migrated to OpenAI, a move that TechCrunch's Anthony Ha called a serious talent drain.

For my money, this isn't just a legal spat; it's a strategic blockade. OpenAI has been coy about its hardware plans, but TechCrunch notes speculation regarding a mobile smart speaker developed in collaboration with Jony Ive. If OpenAI is attempting to build a hardware ecosystem that competes with or supplements the Apple experience, this lawsuit creates a massive gamble.

As Sean O'Kane noted on TechCrunch's Equity podcast, Apple doesn't act "willy nilly." Even if the court doesn't issue a restraining order or injunctive relief, the litigation itself could cause significant delays in OpenAI's development cycle.

Beyond the gadgets, the stakes extend to the boardroom. TechCrunch reports that OpenAI has confidentially filed for an IPO, which could happen as early as late this year or early next year, based on cautious language from Sam Altman. If OpenAI has pitched investors on a hardware-driven addressable market, this lawsuit introduces a volatility that could fundamentally change how the IPO is priced.

OpenAI has responded to the allegations by stating it is "not aware of any evidence that this complaint has merit." Whether they choose to settle quickly or endure a trial—similar to their recent courtroom victory against Elon Musk—remains to be seen. But for a company trying to pivot into the physical world, starting that journey with a trade secrets war against the gold standard of hardware is a precarious path.

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