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Judge Dismisses xAI Trade-Secrets Suit Against OpenAI, Allows Refiling

The court found xAI failed to allege facts tying OpenAI to inducing or using any stolen information.

Overview

  • U.S. District Judge Rita Lin in San Francisco granted OpenAI’s motion to dismiss, tossing the case without prejudice.
  • xAI has until March 17, 2026 to file an amended complaint, and it cannot add new claims or parties without permission.
  • The suit focused on at least eight employees who left xAI for OpenAI, including allegations that an early xAI engineer uploaded source code while in contact with an OpenAI recruiter.
  • Lin said the filings did not assert that OpenAI directed any theft or that former xAI staff used stolen material after joining OpenAI.
  • OpenAI said it welcomed the ruling and labeled the case baseless, as this dispute continues alongside Musk’s separate for‑profit case set for jury selection in late April.