X and SpaceXAI today filed a motion to voluntarily dismiss their claims against Apple in the antitrust lawsuit they brought against the company and OpenAI. Here are the details.
Claims against Apple dropped, pending court approval
Last year, Elon Musk accused Apple and OpenAI of colluding to keep competing AI apps from gaining visibility on the App Store.
Soon after, X and xAI (now, SpaceXAI) filed an antitrust lawsuit against both companies, arguing that Apple’s agreement to integrate ChatGPT into Siri and Apple Intelligence gave OpenAI an unfair advantage over rival AI services. Both companies disputed all claims.
Since then, the case has moved into discovery, with the parties fighting over access to internal documents and communications.
A few months ago, a federal judge ordered Musk to turn over potentially relevant emails from his Tesla and SpaceX accounts after OpenAI argued that he had used those accounts to conduct xAI business.
Today, X and SpaceXAI filed a motion to voluntarily dismiss with prejudice their claims against Apple, while keeping their claims against OpenAI.
From the filing:
Plaintiffs have resolved their claims in this Action against Defendant Apple Inc. (“Apple”).
Plaintiffs accordingly move under Federal Rule of Civil Procedure 41(a)(2) to dismiss with prejudice their claims against Apple. Apple does not oppose this Motion.
For the avoidance of doubt, Plaintiffs do not seek to dismiss any of their claims against Defendants OpenAl Foundation (f/k/a OpenAl, Inc.); OpenAl, L.L.C.; and OpenAI OpCo, LLC.
Since X and SpaceXAI moved to dismiss with prejudice their claims against Apple, this means that X and SpaceXAI don’t intend to bring those same claims against Apple again in the future. It is worth mentioning that the dismissal is not final yet, as Judge Mark Pittman still needs to approve it.
As for OpenAI, the case now looks somewhat like a spiritual successor to Musk’s separate lawsuit against the company, Sam Altman, Greg Brockman, and Microsoft, which ended earlier this year.
In that case, Musk accused OpenAI of abandoning the nonprofit mission under which it was founded and improperly enriching its executives at his expense. A jury ultimately rejected Musk’s claims in May, finding that they had been filed too late.
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