LogicalApex
macrumors 68000
Again, not accurate. It sounds like you're mixing up trademark with patent laws. Which is understandable since they are both covered by the US Patent and Trademark Office (US PTO).No, Apple is suing them for theft. That's it.
Apple would have to sue any company for IP theft, irrespective if they were worried about the thief being a valid competitor or not. Because to not sue would be to show that "it's OK to steal from Apple", and no company can allow that, especially with OpenAI being literally based down the road from them.
If you neighbor steals your car, do you take legal action again him/her because you are worried they might be a better driver than you, or because they stole your property?
The narrative on sites like this that it is a means of reducing the risk of a competitor is simply clickbait. A salacious narrative, but it's soap opera narrative. The implication is that Apple would not take such a legal action if they weren't worried about legitimate conception, which is nonsense.
OpenAI do not have a product to compete with the iPhone. The various AI wearable pins and badges shipped by other "dedicated AI devices" flopped. The threat of legitimate competition is not a driver behind the action. The driver. behind the action is to show that Apple will not allow people to steal from them.
Trademarks require swift lawsuits on use to keep from the trademark losing its novelty and no longer being enforcible, the same rule doesn't apply to patents. Patents are defined as to their scope and holders are allowed up to 6 years from first discovering infringement to sue. They also aren't required to sue to maintain their patent.
Trademarks: https://legal.thomsonreuters.com/blog/trademark-litigation-101/
Patents: https://www.nolo.com/legal-encyclop...-in-which-to-sue-for-patent-infringement.html
Apple is also not just alleging theft of potential IP here. They are also alleging theft of trade secrets (such as vendor lists and relationships) which don't require lawsuits to protect (they can be enforced by US law enforcement as criminal offenses).