Not sure why people are latching on to this. I'm 95% sure the AI agent was not "trained" on this intellectual property but rather the IP was just analyzed and it's usage and details were recorded to the AI agents memory (typically markdown/JSON summary of previous sessions).

The defense IMO is just trying to muddy the waters between "irreversible AI training that updates weights" and "AI learning by just storing secrets in text files".

Even in the 5% chance this AI model actually was fine-tuned or fully-trained (i.e the weights were updated), the employee did this while employed at Apple and used Apple IP as the training data. Even if the output is under fair-use (because it's transformative), (1) any IP created while employed during work duties almost always belongs to your employer and (2) the act of accessing Apple's IP would be (trade secret or regular) theft if done outside normal work duties.