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OpenAI Countersues Elon Musk Over His Attacks and “Fake Takeover Bid”

OpenAI’s April 9, 2025 counterclaims called Musk’s bid “fake” and sought an injunction. The filing states OpenAI’s allegations, not a court’s findings.
From TheFinanceBase Team2 min to read
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On April 9, 2025, OpenAI defendants filed counterclaims against Elon Musk in federal case 4:24-cv-04722-YGR, alleging that his actions threatened OpenAI’s ability to carry out its mission. They asked the court to stop what they described as unlawful and unfair conduct and to hold Musk responsible for alleged damage. Those statements are OpenAI’s claims and requested remedies—not findings by a court.

Why did OpenAI countersue Elon Musk?

OpenAI’s filing argues that Musk’s conduct, including what it calls a “fake takeover bid,” threatened the organization’s ability to pursue its mission. The defendants wrote that “Musk’s continued attacks on OpenAI, culminating most recently in the fake takeover bid designed to disrupt OpenAI’s future, must cease.” The phrase “fake takeover bid” is OpenAI’s characterization, not a court-established description.

The counterclaims were part of “OpenAI Defendants’ Counterclaims, Answer, and Defenses,” filed April 9, 2025, in Case 4:24-cv-04722-YGR. A pleading sets out a party’s claims and arguments; filing it does not prove the allegations.

What did OpenAI ask the court to do?

OpenAI’s side sought an injunction against further conduct it called unlawful and unfair, along with accountability for alleged damage. The filing said Musk “should be enjoined from further unlawful and unfair action, and held responsible for the damage he has already caused.” That language describes the relief requested by OpenAI’s defendants. It does not show that a judge granted an injunction or found Musk liable.

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How did Musk’s lawyer respond?

Marc Toberoff, Musk’s attorney, disputed OpenAI’s framing and defended the seriousness of the offer. In comments reported by TechCrunch, he said: “Had OpenAI’s board genuinely considered [Musk’s bid for the company’s nonprofit earlier this year] as they were obligated to do, they would have seen how serious it was.” The bracketed words are TechCrunch’s clarification. Toberoff’s response is his side’s position, not a judicial conclusion.

TechCrunch’s April 9, 2025 report covered the filing and Toberoff’s response.

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What is known about the case’s status?

The filing and contemporaneous response establish what the parties said on April 9, 2025; they do not establish what happened procedurally afterward. No current docket status is confirmed here, so claims that the case remains pending, has been resolved, or is headed to trial should be checked against the live federal docket.

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