This is an interesting point here. Due to having infinite money already, that's a possible dynamic we might see. OAI admits "Yup, obviously you got us. Let's write a check." And Apple might just respond "Nah, we are obviously going to win at trial, the legal fees don't bother us a bit, and honestly we don't really need the money, we'd rather destroy you as heavily as possible, for some combination of making an example out of all the criminals involved, plus there's a tiny chance you could threaten us someday considering you hired 'our boy' Jony Ive to build hardware."
There's also just the possibility that the use of stolen IP has contaminated most work within OpenAI to the point that an injunction could realistically stop all deployments by OpenAI and grind the company to a halt during discovery, before a trial even happens if Apple is granted the injunction.
If Apple has receipts, this could spell the end of OpenAI anyway. Even if Apple doesn't go to trial, at minimum, OpenAI will need to discard any work that even remotely touched or was influenced by Apple's IP here. If it was shared broadly within OpenAI across multiple projects, it could be quite substantial. Fruit of a poisonous tree and all that.