Elon Musk’s xAI has taken OpenAI to court, alleging a sweeping campaign to plunder its code and business secrets through targeted employee poaching.
The lawsuit, filed in federal court in California, claims OpenAI ran a “coordinated, unlawful campaign” to misappropriate xAI’s source code and confidential data center strategies, giving it an unfair edge as Grok outperformed ChatGPT.
Same recruiter, same pattern
The xAI’s complaint references three former employees at the center of the alleged scheme, though does not explicitly name them as defendants in this case: engineer Xuechen Li, London-based engineer Jimmy Fraiture, and a senior finance executive who is not identified by name.
Li, one of xAI’s earliest engineering hires, allegedly began talks with OpenAI by mid-2025 while still receiving equity and liquidity support from his employer. He signed an offer with OpenAI on Aug. 1, 2025, a timeline xAI says overlapped with unauthorized access and deletion activity on his accounts. (Li is facing a separate trade secret case filed by xAI in August.)
Fraiture allegedly entered OpenAI’s pipeline around the same time. The filing says he signed a non-disclosure agreement with OpenAI days before visiting its offices and a week before accepting a job offer. He officially began work at OpenAI on Sept. 2.
The senior finance executive is accused of carrying over knowledge of xAI’s rapid data-center buildouts, which he reportedly described internally as the company’s “secret sauce.” After only a few months at xAI, he left for a less senior role at OpenAI overseeing spending strategy.
xAI alleges these departures were not routine attrition but part of a coordinated strategy. The same recruiter, Tifa Chen, contacted both Li and Fraiture using the encrypted messaging app Signal, and the complaint points to overlaps in timing, cover-ups, and refusals to certify confidentiality obligations as evidence of a deliberate campaign to extract sensitive know-how.
Confession, code dump, and deleted logs
According to the filing, Li uploaded xAI’s entire code base to a personal cloud account, downloaded it to his laptop, and deleted system logs to conceal the transfer. He later provided a handwritten confession admitting he took the source code and a confidential training slide deck.
Within hours of the upload, the recruiter reacted in disbelief and days later conveyed an offer described as worth “multiple millions of dollars,” while xAI says Li continued changing passwords and restricting access to accounts tied to the materials.
Fraiture is alleged to have transferred compressed source files via AirDrop from his xAI-issued laptop to a personal device, including inference infrastructure code, experimental folders from founders and staff, and a recording of an internal “All-Hands” meeting where Elon Musk outlined confidential plans. After initially denying any transfer, he later conceded he had kept the files for weeks.
The senior finance executive refused to sign a termination certification confirming the return and protection of xAI materials and, when pressed, replied with profane, and crude emails.
xAI seeks damages and destruction of disputed OpenAI tech
The lawsuit brings three claims: misappropriation of trade secrets under the federal Defend Trade Secrets Act, intentional interference with prospective economic advantage, and unfair competition under California’s Business and Professions Code.
xAI asks the court for damages, including punitive and trebled damages, along with restitution of any gains OpenAI made from the alleged misconduct. The AI company also seeks injunctions requiring OpenAI to return confidential materials, delete any remaining copies, and destroy any AI models or technology built with xAI’s code or strategies.
The filing further requests that the court bar OpenAI from continuing what xAI calls unlawful competition and order the removal of any xAI-derived information from OpenAI’s systems. It also demands attorneys’ fees and litigation costs.
OpenAI yet to respond as legal clash escalates
OpenAI has not yet filed a formal response in court but publicly rejected the allegations. A spokesperson for the ChatGPT maker said, “This new lawsuit is the latest chapter in Mr. Musk’s ongoing harassment. We have no tolerance for any breaches of confidentiality, nor any interest in trade secrets from other labs.”
The case adds a fresh chapter to Musk’s long-running feud with the company he co-founded, after earlier clashes over its governance and shift to a for-profit model.
xAI has demanded a jury trial, with initial hearings expected to determine whether the court will grant early injunctive relief. The outcome may shape not only the dispute between the two rivals but also the competitive landscape in the broader AI race.
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