Elon Musk’s xAI Sues OpenAI Over Alleged Tech Theft, Poaching Scheme

Elon Musk’s AI firm, xAI, has filed a new lawsuit against OpenAI, accusing the ChatGPT creator of systematically poaching staff and stealing proprietary technology.

Filed in the US District Court for the Northern District of California, the complaint alleges that OpenAI engaged in a “coordinated, unfair, and unlawful campaign” to recruit key xAI personnel with the aim of accessing sensitive data related to its Grok chatbot.

The legal action claims OpenAI targeted individuals with direct knowledge of xAI’s source code, infrastructure, and business plans, including former engineer Jimmy Fraiture and a senior finance executive.

Ex-xAI Engineer Xuechen Li Named in Trade Secret Lawsuit

The lawsuit also names ex-employee Xuechen Li, who is facing a separate lawsuit for alleged trade secret theft.

A court order issued earlier this month temporarily barred Li from working on AI technologies at OpenAI.

Musk’s team argues that OpenAI induced these individuals to breach confidentiality agreements in violation of employment obligations.

OpenAI has denied the allegations, stating, “We have no tolerance for any breaches of confidentiality, nor any interest in trade secrets from other labs.” It also described Musk’s actions as “ongoing harassment.”

xAI, however, claims it uncovered the poaching scheme during its internal investigation into Li’s alleged misconduct.

An email exchange included in the filing features a blunt response from a former xAI executive to a legal warning: “suck my dick.”

Elon Musk's xAI is suing OpenAI for allegedly stealing trade secrets by poaching employees.

When Musk's lawyer confronted a former "senior finance executive," who xAI alleges stole its "secret sauce" of rapid data center deployment for OpenAI, here's how he responded: pic.twitter.com/93b1tjUUqx

— Theo Wayt (@theo_wayt) September 25, 2025

This marks the latest escalation in the long-running feud between Musk and OpenAI, a company he co-founded in 2015 but left in 2018 after failing to take control.

Musk has repeatedly accused OpenAI and CEO Sam Altman of abandoning the group’s original nonprofit mission in favor of commercial gain through partnerships with firms like Microsoft.

The case adds another layer to the intensifying race for AI dominance, where tech giants are competing aggressively to secure top talent and IP.

Elon Musk Sells X to xAI in $80B Deal

In March, Elon Musk transferred ownership of his social media platform X to his AI startup xAI in an all-stock deal announced on March 28, valuing xAI at $80 billion and X at $33 billion, including $12 billion in debt.

The move coincided with a judge rejecting Musk’s attempt to dismiss a class-action lawsuit accusing him of misleading shareholders during his original Twitter acquisition.

Critics argue the transaction raises the legal stakes for Musk and his companies, suggesting xAI could now be entangled in existing litigation.

Some, like Cinneamhain Ventures’ Adam Cochran, accuse Musk of inflating xAI’s valuation to offload X while masking investor losses, even hinting that the deal may be a way to transfer user data between entities.

https://t.co/YTPB8EAAPT

— Adam Cochran (adamscochran.eth) (@adamscochran) March 29, 2025

Despite concerns, Musk insists the merger will enhance synergies between X’s platform and xAI’s technology, particularly the Grok chatbot, which he claims surpasses early versions of ChatGPT.

Supporters say Grok could position xAI as a serious competitor in the AI race, though skepticism around the $80B valuation remains.