OpenAI is about to get ROCKED on this. From this report, this looks open and shut. Apple has basically infinite money and incredible lawyers. Not sure what OpenAI can counter with unless they have clear, hard evidence this hasn’t been happening.
OpenAI also has infinite money, and the graph for money/lawyering gets clamped well below what OpenAI can afford. It's going to end most other corporate courtroom tangles: with an undisclosed settlement and a well-publicized partnership.
Except OpenAI needs every cent of that money for compute, and they don't have healthy profits that can replenish what they spend.
Their financial situation is simply not comparable to that of Apple's.