Judge signals Elon Musk's xAI may lose trade secrets lawsuit against Sam Altman's OpenAI

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A federal judge in San Francisco indicated she may dismiss Elon Musk's xAI lawsuit accusing OpenAI of stealing trade secrets related to the AI chatbot Grok. Judge Rita Lin said xAI failed to plausibly allege that OpenAI acquired or used confidential information, despite claims that former employees downloaded source code before leaving. The ruling adds another chapter to the escalating legal conflict between Musk and OpenAI.

Federal Judge Questions xAI's Trade Secrets Claims

U.S. District Judge Rita Lin in San Francisco delivered a significant blow to Elon Musk's legal strategy against his former company, signaling she may dismiss a lawsuit by xAI accusing Sam Altman's OpenAI of stealing trade secrets. In a four-page filing released Friday, the federal judge stated her "tentative view" is to grant OpenAI's motion to dismiss the trade secrets lawsuit, though she indicated xAI could amend its claims if the case is dismissed

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. Oral arguments are scheduled for February 3, where both parties will address Judge Rita Lin's preliminary reasoning

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Source: ET

Source: ET

The Core Allegations in the xAI vs OpenAI Case

Elon Musk's startup sued OpenAI in September, claiming the rival company engaged in poaching employees to gain an unfair advantage in AI technology development. The lawsuit specifically accused OpenAI of hiring xAI employees away to obtain confidential information related to the AI chatbot Grok

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. According to xAI's complaint, some former employees downloaded source code before departing for OpenAI, which Musk's team argued constituted theft of proprietary technology. However, Judge Lin found these allegations insufficient, stating that xAI did not plausibly allege that OpenAI acquired or encouraged the theft of trade secrets

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OpenAI's Response and Unfair Competition Claims

OpenAI, known for its ChatGPT chatbot, mounted a vigorous defense by accusing Musk of conducting a "campaign to harass a competitor with unfounded legal claims" because xAI could not keep up with ChatGPT's market position

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. Judge Lin appeared receptive to this argument, noting it was not plausible to infer that OpenAI used xAI's trade secrets or that former xAI employees deployed them after joining OpenAI. The judge also signaled she may dismiss an unfair competition claim, observing that xAI's poaching allegations "all focus on poaching in service of acquiring xAI's trade secrets and do not identify any other reason why the hiring of those employees was anticompetitive"

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Broader Legal Conflict Between Musk and OpenAI

This case represents just one front in an expanding legal battle between Musk and the company he co-founded. The legal conflict between Musk and OpenAI extends to a separate lawsuit challenging OpenAI's conversion to a for-profit company, where Musk is seeking as much as $134.5 billion in damages from OpenAI and Microsoft

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. Jury selection for that case is scheduled for April 27, setting up a high-stakes courtroom showdown. The world's richest person appears determined to challenge his former partners, though this preliminary ruling suggests courts may view his claims skeptically. As competition intensifies in the AI sector, the outcome of these cases could influence how companies approach employee mobility and the protection of proprietary AI development methods. Industry observers will watch closely to see whether xAI can strengthen its allegations or if this signals a broader setback for Musk's legal strategy against OpenAI.

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