OpenAI accused xAI of destroying evidence.
In an antitrust lawsuit related to App Store ratings, OpenAI accused xAI of using ephemeral messaging apps to destroy evidence.
In August 2025, Elon Musk’s xAI filed an apparently baseless lawsuit claiming that OpenAI’s partnership with Apple prevented Grok from reaching the top spot in the App Store. This came two months after an anti-Apple tirade where Musk criticized Apple for offering ChatGPT integration with iOS 18.
The legal battle is still ongoing, despite Apple’s request that the lawsuit between xAI and OpenAI be dismissed. On Monday, OpenAI accused Musk’s company of intentionally destroying and even withholding evidence relevant to the antitrust lawsuit.
Ace Bloomberg points out that xAI employees allegedly used apps with built-in timers where messages and attachments are deleted after a certain amount of time. That’s according to a new lawsuit filed by OpenAI, which claims xAI used “message destruction tools.”
“Destroying evidence was the primary goal,” OpenAI argues, saying xAI’s move “leaves OpenAI and other targets of Musk’s lawsuit at an unfair disadvantage.”
xAI also allegedly withheld evidence
OpenAI also claims that xAI is withholding the documents, saying that Musk’s company “has not produced a single non-public document relating to the substance of their allegations or that OpenAI could use in its defense.” According to OpenAI’s filing, xAI did not create any emails, text messages, signal messages, or XChat messages.
Elon Musk says Apple’s partnership with OpenAI puts other companies and AI products like Grok at a disadvantage.
As a result, OpenAI is seeking an injunction to prevent xAI employees from using the ephemeral messaging apps in the future. It also proposes the appointment of a neutral forensic inspector to review the matter.
Meanwhile, xAI has filed two court applications in the OpenAI lawsuit. First, xAI requested access to the OpenAI source code, and later requested that former OpenAI head of alignment Jan Leike be forced to provide the documentation for discovery.
Both requests were ultimately denied. The court concluded that “the OpenAI source code is not relevant to plaintiffs’ claims and is not within the scope of discovery.” Similarly, the court found that “Mr. Leike and any documents he emailed or received do not appear to be relevant or appropriate to the needs of the case.”
Although the outcome of the lawsuit remains to be seen, it is unlikely that Musk’s xAI will emerge victorious. Other AI apps have managed to secure the top spot in the App Store, despite Apple’s partnership with OpenAI.