Elon Musk's xAI loses trade secret lawsuit against OpenAI

Published On 16 Jun, 2026
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U.S. District Judge Rita Lin in San Francisco said xAI failed to show that OpenAI induced former xAI ​senior engineer Xuechen Li to divulge confidential information related to its Grok chatbot, or that ​OpenAI engineers knew Li might have disclosed any.

Lin dismissed the lawsuit with prejudice, saying ⁠it would be “futile” to continue. She dismissed an earlier version in February. The lawsuit originally filed in September ​focused on broader alleged misappropriation of confidential information, including source code, when xAI employees left for jobs at ​OpenAI.

Monday’s decision is Elon Musk’s second legal loss against OpenAI in four weeks.

On May 18, a federal jury ruled against the world’s richest person in his $150 billion lawsuit accusing OpenAI and Altman of “stealing a charity” by betraying the company’s original mission ​as a nonprofit to enrich themselves.

The xAI business is part of Musk’s rocket, satellite and AI company SpaceX. Neither ​xAI nor its lawyers immediately responded to requests for comment.