OpenAI is seeking to maintain its countersuit against Elon Musk, arguing in a court filing late Wednesday that the Tesla CEO’s motion to dismiss the claims “has no grounding in facts.”
The ChatGPT developer asked a federal judge to include the countersuit in an expedited trial, rather than delay proceedings. The countersuit, filed in April, accuses Musk of engaging in fraudulent business practices under California law and alleges a pattern of harassment.
OpenAI claims a $97.4 billion takeover bid made earlier this year by a Musk-led consortium was a “sham bid” designed to generate media attention. The company said the offer was leaked to the press before it was formally presented to OpenAI’s board.
Musk, who co-founded OpenAI in 2015 but left the company before it shifted to a for-profit model, sued OpenAI and CEO Sam Altman last year. He alleged the organization had abandoned its original mission to develop artificial intelligence for the benefit of humanity rather than for profit.
OpenAI’s countersuit seeks to prevent what it describes as “unlawful and unfair action” by Musk. Musk has asked the court to dismiss or delay OpenAI’s claims until a later stage of the case.
Earlier this month, OpenAI revised its governance structure, easing proposed changes that would have reduced the influence of its non-profit arm. Despite the move, Musk’s attorney confirmed the lawsuit against the company will proceed.
