Kevin Dietsch
Lawyers for Elon Musk have asked the court for a second time to dismiss a countersuit from OpenAI against him, according to a court filing.
News of the new court filing was first reported by The Information.
Musk had initially asked to have the lawsuit from the ChatGPT maker dismissed in May on the belief that his unsolicited $97.4B bid to buy OpenAI’s assets — and complaints related to it — are covered by the First Amendment. The second attempt at dismissal reiterated Musk’s First Amendment rights.
OpenAI countersued Musk in April, alleging harassment and his attempts to sabotage the company’s transition to for-profit. The ChatGPT maker had asked a federal judge to stop Musk from any “further unlawful and unfair action.”
Musk filed a lawsuit against OpenAI — which he has a long history with — and CEO Sam Altman in August 2024, after dropping it initially, for allegedly putting profit ahead of benefiting humanity.
Musk’s lawsuit also recently added Microsoft (NASDAQ:MSFT), which has financially backed OpenAI, LinkedIn co-founder Reid Hoffman and Dee Templeton, a current Microsoft executive who previously worked at OpenAI, as co-defendants.
The 53-year-old Musk heads up OpenAI competitor xAI (along with Tesla (TSLA) and SpaceX (SPACE)), which is in the process of selling $300M to investors in a share sale. Investment firm Morgan Stanley is also in the process of selling $5B in debt for xAI to further strengthen its balance sheet.
It was reported earlier this month that Morgan Stanley has told investors xAI is on track to hit $13B in adjusted earnings by 2029.