Lawyers for billionaire Elon Musk have asked a U.S. judge to prevent ChatGPT-owner OpenAI, from obtaining documents from Meta Platforms related to his previous $97.4 billion bid for OpenAI’s assets, according to a court filing.

OpenAI said last week Musk had tried to enlist his rival Mark Zuckerberg in his bid for the AI company earlier this year, but that the Meta boss did not come on board.

Then OpenAI requested a judge order Meta to produce documents and communications connected to any bid for the company.

Meta opposed the request, arguing OpenAI should seek documents directly from Musk and his AI startup, xAI.

In a filing late Tuesday (26 August), Musk’s attorneys said OpenAI had already received documents about the bid from him and xAI, adding that OpenAI’s “expansive discovery” was irrelevant to the current stage of the trial.

OpenAI and CEO Sam Altman’s legal team rejected Musk’s claims, arguing their requests were targeted, relevant, and “span weeks, not years,” and added that depositions of Musk, xAI representatives, and co-bidders are crucial if communications were mainly oral. 

"Plaintiffs have sought to explain the absence of bid-related documents by representing that their communications were primarily oral. If that is true, then the need for depositions - of Musk, an xAI representative, and other co-bidders - is even more acute," lawyes for OpenAI wrote.

Earlier this month, U.S. District Judge Yvonne Gonzalez Rogers ruled that Musk must face OpenAI’s claims that he attempted to harm the AI startup through press statements, social media posts, legal claims, and “a sham bid for OpenAI’s assets.”

Tesla boss Musk sued Microsoft-backed OpenAI and Altman last year over the company's transition to a for-profit model, after which OpenAI counter-sued Musk in April this year.

A jury trial is scheduled for spring 2026.

Copied