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Elon Musk suffers another defeat! A U.S. judge dismisses xAI's lawsuit against OpenAI over trade secrets
U.S. Federal Judge Dismisses Musk's xAI Lawsuit Against OpenAI Over Trade Secrets, Ruling xAI Failed to Prove OpenAI Illegally Acquired Confidential Information of Grok Chatbot.
This marks the second legal defeat for Musk in his ongoing battles with OpenAI, following a loss in a $150 billion non-profit mission violation lawsuit.
(Background: Musk publicly defends OpenAI: Once a "big brother" demanding $134 billion, but ultimately lost to business interests?)
(Additional context: Samsung secures fourth-generation brain-computer interface chips from Neuralink, capable of not only reading but also "writing" into the brain.)
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A U.S. federal judge officially dismissed Musk’s artificial intelligence company xAI’s lawsuit against OpenAI over trade secrets, ruling that xAI failed to provide sufficient evidence to prove that OpenAI improperly induced its former employee to disclose confidential information about the Grok chatbot during the hiring process.
This is the second time Musk’s legal challenges against OpenAI, including founder Sam Altman, have been rejected by the court.
According to the ruling signed Monday (June 15) by Judge Rita Lin of the Northern District of California, xAI’s claim for trade secret misappropriation was “dismissed without leave to amend,” effectively ending the judicial proceedings of this case.
Just a month prior, a federal jury had rejected Musk’s $150 billion claim against OpenAI for violating its non-profit mission.
Within a few weeks, Musk faced two consecutive defeats, highlighting the deepening legal rift with his former co-founder that seems increasingly irreparable.
The Spark of the Case: A Recruitment Presentation Triggering a Trade Secret Battle
The central figure in this case is former xAI engineer Xuechen Li.
xAI alleged in the complaint that OpenAI targeted Li’s expertise in Grok 4 reinforcement learning and post-training systems during the recruitment process, and enticed him to reveal xAI’s trade secrets during the interview presentation.
However, Judge Lin explicitly pointed out in the ruling that xAI failed to prove that OpenAI engaged in any “inducement or encouragement” of the leak.
The ruling states: “xAI’s evidence regarding inducement (inducement) in its prior complaint was insufficient, as it did not provide any non-conclusive allegations to reasonably infer that ‘OpenAI instructed or encouraged’ xAI’s former employee to leak confidential information.”
The judge further emphasized that, “merely asking Li Li to discuss his previous work is a routine part of the hiring process and does not reasonably imply that OpenAI encouraged Li to disclose any confidential or secret information about the job.”
She added that if xAI’s argument were accepted, “it would expose employers to legal liability every time they inquire about a job applicant’s past work experience.”
From Co-Founder to Courtroom: A Decade of Grudges Between Musk and OpenAI
Going back to 2015, Musk was one of the co-founders of OpenAI, working alongside Sam Altman and others to establish this artificial intelligence research organization committed to “non-profit and open source” principles.
However, in 2018, Musk left due to disagreements over the development direction.
Since then, OpenAI gradually shifted toward a “capped-profit” model and formed a deep partnership with Microsoft, a transition that later became the root of a series of legal disputes.
In May this year, a federal jury just rejected Musk’s $150 billion claim against OpenAI, accusing the organization of abandoning its founding non-profit mission to become a “profit-making machine” for Microsoft.
Coupled with the recent dismissal of the trade secret lawsuit, Musk’s legal offensive against OpenAI has faced consecutive setbacks.
Notably, Musk has integrated xAI into SpaceX last year, and SpaceX recently completed a record-breaking IPO, with a valuation surpassing $2.5 trillion, making Musk the world’s first “trillionaire.”
While these financial achievements may cushion the impact of legal defeats, the symbolic significance remains profound: the former co-founder repeatedly losing in court highlights the deepening rift and the complex legacy of their partnership.
The Key Insufficient Evidence: Unclear Level of Information Disclosure
The judge also pointed out a critical weakness in xAI’s evidence: the company failed to prove that OpenAI knew or should have known that Li Li disclosed trade secrets during the presentation.
The ruling states: “These allegations are insufficient to reasonably infer that OpenAI knew or should have known that Li Li disclosed xAI’s trade secrets during the presentation. It remains unclear how much detail Li Li shared about xAI’s reinforcement learning technology during the presentation. Similarly, even if Li Li did show slides, the level of detail contained in those slides remains unknown.”
This part of the ruling highlights a core challenge in trade secret litigation: plaintiffs must prove that the defendant “knew and intentionally” acquired confidential information, not merely that such discussions are common during recruitment.
For the rapidly expanding AI industry, this ruling could have far-reaching implications for future talent mobility and intellectual property protection.
Industry analysts note that competition for AI talent is intensifying, with major companies frequently poaching each other’s staff.
This ruling somewhat provides legal protection for companies asking about previous work experience during recruitment but also raises the bar for demonstrating that trade secrets have been stolen.
As of press time, Musk, xAI, and OpenAI have not publicly commented on the latest ruling.
However, considering the long-standing rivalry between Musk and Altman, and their fundamental disagreements over AI development paths, this legal battle is unlikely to end here.