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A U.S. federal judge has signaled she may dismiss a high-profile lawsuit filed by Elon Musk’s artificial intelligence startup, xAI, against rival OpenAI, dealing a potential setback to Musk in an escalating legal battle within the AI industry. On Friday, U.S. District Judge Rita Lin in San Francisco said her “tentative view” is to grant OpenAI’s motion to dismiss the case, though she left open the possibility for xAI to amend its claims if the dismissal is finalized after oral arguments scheduled for February 3.
The lawsuit, filed by xAI in September, accused OpenAI of stealing trade secrets to gain an unfair competitive advantage in developing artificial intelligence technologies. Specifically, xAI alleged that OpenAI hired away former xAI employees in order to access confidential information related to Grok, xAI’s AI chatbot. According to the complaint, some departing employees allegedly downloaded source code before leaving the company.
However, in a four-page filing outlining her preliminary reasoning, Judge Lin stated that xAI failed to plausibly allege that OpenAI acquired, encouraged, or used stolen trade secrets. She also said it was not reasonable to infer that former xAI employees used any confidential information after joining OpenAI. As a result, the core trade secret misappropriation claim may not survive.
The judge further indicated she may dismiss xAI’s unfair competition claim. She noted that the allegations focused solely on employee poaching tied to trade secrets and did not explain why the hiring itself was anticompetitive under the law.
OpenAI, the company behind ChatGPT, has pushed back strongly against the lawsuit, accusing Musk of engaging in a “campaign to harass a competitor with unfounded legal claims” after xAI allegedly struggled to compete with ChatGPT’s rapid growth and adoption. Lawyers for both xAI and OpenAI declined to comment following the judge’s remarks.
This case is part of a broader and increasingly contentious legal dispute between Musk and OpenAI, which he co-founded. Musk is separately suing OpenAI and Microsoft over OpenAI’s transition to a for-profit structure, seeking up to $134.5 billion in damages. Jury selection in that case is scheduled to begin on April 27, underscoring the far-reaching implications of this legal fight for the future of artificial intelligence.
