OpenAI remains in Musk antitrust suit as X seeks to drop Apple
X Corp. and SpaceXAI moved to end their Apple claims with prejudice while preserving allegations against OpenAI, which wants details of the deal.
By Hana Yoshida · Markets Reporter
2 min read
The OpenAI Musk antitrust suit is set to narrow after X Corp. and SpaceXAI asked a Texas federal court to dismiss their claims against Apple with prejudice while keeping their claims against OpenAI. The filing does not disclose why the Apple claims were resolved or whether any settlement or payment was involved, according to Reuters.
The procedural move would prevent Musk's companies from bringing the same claims against Apple again if the court grants it. Apple did not oppose the request, Reuters and 9to5Mac reported.
What claims against OpenAI remain?
X Corp. and SpaceXAI expressly said they were not seeking to dismiss claims against OpenAI Foundation, OpenAI LLC and OpenAI OpCo, according to the September 14 filing reported by Reuters and Unite.AI. The proposed dismissal therefore leaves OpenAI facing the remaining portion of the case.
The lawsuit alleges that Apple and OpenAI unlawfully monopolized markets for smartphones and generative-AI chatbots through the integration of ChatGPT into Apple Intelligence. Those are allegations, not findings: Apple and OpenAI have denied wrongdoing, and Apple has said its OpenAI integration was not exclusive, Reuters reported.
A federal judge previously allowed the lawsuit to proceed, but that decision was not a ruling on the merits, according to Unite.AI. The case schedule cited by Unite.AI sets trial for January 11, 2027.
Why OpenAI wants the Apple agreement
OpenAI told the court it was not involved in discussions between Apple and Musk's companies and did not know the terms of their resolution, Reuters reported. It asked X and SpaceXAI to provide the agreement, arguing that its contents could affect OpenAI's defense.
According to TheWrap, OpenAI also sought a 14-day extension for its summary-judgment filing deadline. X and SpaceXAI agreed to the extension but had not agreed to produce the Apple agreement as of OpenAI's filing, TheWrap reported.
What does dismissal with prejudice mean?
A dismissal with prejudice bars the plaintiffs from filing the same claims against Apple again. It does not decide whether the underlying antitrust allegations were true, and it does not end the claims that X Corp. and SpaceXAI have chosen to retain against OpenAI.
The reason for the Apple resolution remains undisclosed. Reuters reported that neither Musk's companies, Apple nor OpenAI immediately responded to requests for comment.
This story draws on original reporting from Ars Technica.