OpenAI on Tuesday asked a Texas federal judge to throw out an antitrust lawsuit brought by Elon Musk’s AI startup xAI before trial, arguing that securities disclosures by xAI parent SpaceX undercut claims that Apple’s partnership with OpenAI shut out rivals, Reuters reported from Washington on Wednesday, September 23, 2026.
The filing asks U.S. District Judge Mark Pittman in Fort Worth to rule for OpenAI on the facts developed so far. The case is set for trial in January. Musk’s companies sued Apple and OpenAI last year, alleging Apple violated antitrust law by exclusively integrating ChatGPT into Apple Intelligence features on iPhones and other Apple devices. Apple and OpenAI have denied wrongdoing. Apple has previously said its integration deal with OpenAI was not exclusive. X said last week it has settled with Apple; terms were not disclosed, Reuters reported.
OpenAI’s new court filing argued that deposition testimony and other evidence bolstered its defense, including recent securities disclosures from SpaceX, which began publicly trading in June. SpaceX’s initial public offering registration statement, OpenAI said, is “replete with disclosures diametrically opposed” to xAI’s claims of competitive harm and “bears no resemblance to the doomsaying in this litigation,” according to Reuters.
OpenAI denied it wields monopoly power, a required element of the antitrust claims. The company also said that by early last year Apple’s integration of ChatGPT “appeared to be off to a slow start,” and that OpenAI cut its forecast for incremental logged-in weekly active users expected from the integration. By the time Musk sued, OpenAI said, “it was clear that Apple’s integration of ChatGPT was dramatically underperforming.”
Apple, OpenAI, and xAI did not immediately respond to Reuters requests for comment. The case is X Corp and SpaceXAI v OpenAI, U.S. District Court for the Northern District of Texas, No. 4:25-cv-00914-P.
This brief covers OpenAI’s pretrial dismissal push and the SpaceX SEC-disclosure arguments reported by Reuters. It is not a ruling on the merits, and it is distinct from earlier Apple-OpenAI-xAI coverage on the underlying complaint and the separate Apple settlement track.