On September 16, 2026, Judge Mark Pittman ordered X Corp. and SpaceXAI to submit agreements connected to their resolution with Apple after OpenAI challenged the deal’s confidentiality. The order adds a new procedural turn to a case in which the Musk-linked companies are seeking to end their claims against Apple while keeping their claims against OpenAI alive.
OpenAI challenges the secrecy of the Apple resolution
OpenAI asked the court to require disclosure of the agreement because it argues that the terms could affect its defense and X Corp.’s ability to seek monetary recovery. Pittman’s order requires X Corp. and SpaceXAI to provide the relevant agreements for review.
The order does not make the agreement public by itself. The resolution’s terms, any payment or other consideration, and its effect on the remaining dispute have not been disclosed.
What X Corp. and SpaceXAI asked the court to dismiss
On September 14, X Corp. and SpaceXAI asked the Texas federal court to dismiss their antitrust claims against Apple with prejudice. In legal terms, that generally prevents the same claims from being filed again after dismissal. Apple did not oppose the motion.
The request came from X Corp. and SpaceXAI, not from Elon Musk personally. The filing expressly said that the plaintiffs were not seeking dismissal of their claims against OpenAI Foundation, OpenAI, L.L.C., or OpenAI OpCo, LLC.
So the Apple part of the case moved toward closure, while the OpenAI part remained in the litigation.
Why the case split matters
The lawsuit, filed in 2025, alleged that Apple’s integration of ChatGPT into Apple Intelligence gave OpenAI an advantage over competing artificial-intelligence products. The dispute involved both AI chatbot competition and the way those services reach users through smartphone platforms.
The September filing separates those two defendants procedurally. X Corp. and SpaceXAI sought to end their claims against Apple, but they did not ask to dismiss the claims against OpenAI. OpenAI’s challenge to the Apple agreement now makes the terms of that resolution relevant to the remaining case, at least for the defense and potential monetary-recovery issues it raised.
What Apple has said about the dispute
Apple has said that its arrangement with OpenAI was not exclusive and that it intended to work with other generative-AI chatbots. Apple also characterized the allegations as speculation. Those are Apple’s stated positions, not a court finding about the antitrust claims.
The Texas case is separate from Musk’s earlier lawsuit concerning OpenAI’s original nonprofit mission. The two disputes involve different legal theories, even though both center on Musk’s conflict with OpenAI.
The court’s review of the Apple agreements is the next procedural development in the antitrust case, while the claims against OpenAI remain part of the lawsuit.