xAI accused of destroying evidence in case against Apple, OpenAI

xAI accused of destroying evidence in case against Apple, OpenAI

Apple Moves to Dismiss Elon Musk’s “Absurd” AI Claim in Explosive Legal Showdown

In a courtroom drama that’s rapidly escalating into one of Silicon Valley’s most bizarre legal battles, Apple has formally asked a federal judge to dismiss what it calls an “absurd” AI-related lawsuit filed by Elon Musk’s xAI. The case, which began as an antitrust complaint about App Store rankings, has morphed into a sprawling dispute involving deleted evidence, fishing expeditions, and allegations of systematic obstruction.

The Lawsuit That Keeps Getting Stranger

What started as a seemingly straightforward antitrust complaint has devolved into what court filings describe as a “disproportionate fishing expedition.” xAI initially sued Apple and OpenAI in August 2025, alleging they colluded to suppress competition in the App Store’s AI assistant marketplace. However, recent court documents reveal the case has little to do with App Store rankings at all.

Apple’s latest filing characterizes Musk’s legal action as “baseless” and “without merit,” arguing that xAI has failed to demonstrate any actual anticompetitive behavior. The tech giant is now seeking a complete dismissal, marking a significant escalation in what observers are calling a “tech titan turf war.”

Judge Repeatedly Rebuffs xAI’s Discovery Demands

The court has become increasingly frustrated with xAI’s discovery requests, which judges have repeatedly described as overly broad and irrelevant. In the most recent ruling, the court denied xAI’s attempt to compel Jan Leike, OpenAI’s former Head of Alignment, to produce documents for discovery.

Leike, who left OpenAI in 2024 to join Anthropic, was targeted because xAI claimed he “likely sent or received documents that are relevant to the claims or defenses in this action.” However, the judge found this reasoning insufficient, noting that Leike “worked on a separate project and was not involved in the relevant Apple AI implementation.”

This marks the third consecutive rejection of xAI’s discovery requests in recent months. In January, a South Korean court dismissed xAI’s demand for documents from the Kakao super app, citing the “disproportionate and overly broad” scope. Days later, a US federal judge rejected xAI’s bid to access OpenAI’s source code, concluding it was “not relevant to Plaintiffs’ claims.”

OpenAI Accuses xAI of Systematic Evidence Destruction

The legal battle took a darker turn when OpenAI filed explosive allegations accusing xAI of deliberately destroying evidence through the use of ephemeral messaging tools. According to OpenAI’s court filing, xAI has been directing employees to use auto-deleting communication platforms, effectively routing “communications about every aspect of xAI’s business” through message-destruction tools.

OpenAI claims xAI has “not produced a single nonpublic document concerning the substance of their allegations,” stating that “plaintiffs have produced no emails, no text messages, no Signal messages, and no XChat messages of any kind.” The company argues this systematic deletion leaves OpenAI “at an inequitable disadvantage” in defending against the lawsuit.

Legal experts note that failure to preserve relevant communications during litigation can result in severe sanctions, including adverse inference instructions to juries or even case dismissal. However, courts have shown varying degrees of leniency in recent high-profile tech cases.

Google’s Recent Evidence Preservation Scandal Looms Large

The allegations against xAI echo a recent controversy involving Google, which faced sharp criticism from U.S. District Judge James Donato during its legal battle with Epic Games. Judge Donato lambasted Google’s “deeply troubling” failure to preserve internal communications, declaring he’d “never seen anything so egregious.”

While Google received no formal sanctions beyond the judge’s public rebuke, the incident has heightened scrutiny of evidence preservation practices across the tech industry. Legal analysts suggest the court may take a harder line with xAI given the pattern of alleged destruction.

The Broader Implications for Big Tech Legal Warfare

This case represents a new frontier in the increasingly aggressive legal tactics employed by tech billionaires. Musk’s decision to pursue litigation against former partners and collaborators has raised eyebrows throughout Silicon Valley, with some characterizing it as part of a broader strategy to disrupt competitors through legal pressure.

Apple’s decision to seek dismissal rather than engage in extended discovery suggests the company views the lawsuit as a nuisance suit rather than a legitimate antitrust challenge. This approach could set a precedent for how major tech companies handle similar complaints from well-funded competitors.

Industry Watchers Speculate on Hidden Motivations

While the lawsuit’s public face focuses on App Store competition, industry analysts suggest deeper strategic motivations may be at play. Some speculate that Musk’s legal campaign could be aimed at disrupting OpenAI’s partnerships and creating uncertainty in the AI assistant market, where xAI is seeking to establish itself as a major player.

Others point to the personal dynamics between Musk and OpenAI’s leadership, suggesting the litigation may be partially motivated by personal grievances rather than purely business considerations.

What Happens Next?

The court has yet to rule on Apple’s motion to dismiss, and both companies have remained largely silent on the allegations beyond their formal filings. Legal experts anticipate the judge may schedule oral arguments to clarify the complex technical and legal issues before making a decision.

If the court grants Apple’s dismissal motion, it would represent a significant setback for xAI’s legal strategy and could potentially expose the company to counterclaims or sanctions for its discovery practices. Conversely, if the case proceeds, it could open the door to extensive document production that might reveal internal communications about AI development strategies across multiple tech giants.

Market Impact and Industry Reactions

The lawsuit has already created ripples throughout the AI industry, with investors and analysts closely monitoring how major tech companies navigate the legal challenges of AI development and deployment. Some see the case as a potential preview of future antitrust battles in the rapidly evolving AI sector.

Meanwhile, tech industry insiders report increased caution around internal communications, with some companies implementing more robust document retention policies in anticipation of potential litigation.

The Human Element: Key Players in the Drama

Beyond the corporate entities, the case has drawn attention to several key individuals whose careers and reputations hang in the balance. Jan Leike’s reluctant involvement highlights the collateral damage that high-stakes corporate litigation can inflict on individual employees and executives.

The case also underscores the complex relationships between tech industry leaders, many of whom have worked together in the past but now find themselves on opposite sides of legal disputes that could reshape the industry’s competitive landscape.

Looking Ahead: The Future of AI Competition Law

Regardless of the outcome, this lawsuit is likely to influence how courts approach competition issues in the AI sector. The case raises novel questions about what constitutes anticompetitive behavior in markets where technological integration and partnership are often essential to product development.

Legal scholars suggest the case could establish important precedents for how courts evaluate claims of collusion and market manipulation in the AI space, potentially shaping the regulatory environment for years to come.


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