> I don't see why they'd accept a settlement.

glances at Kushner's $1 billion OpenAI investment through Thrive Capital

Are you sure they won't settle? Apple settled their case with NSO Group, even though they were (and still are) hacking iPhone handsets. Seems to me like Apple is happy to settle cases that interfere with their political ambitions whenever America's government asks them to stand down.

If Apple's protectionist treatment is predicated on non-interference with other protected companies like OpenAI, maybe they will be motivated to settle out of court.