“A Tale of Two Monopolists”?
The deposition dispute follows X’s earlier unsuccessful effort to obtain OpenAI’s source code through discovery. In its original complaint filed last year, X portrayed the partnership between Apple and OpenAI as “a tale of two monopolists,” alleging the alliance was designed to choke off competition — including X’s own AI offering, Grok.
Apple previously sought to dismiss the lawsuit, arguing that its arrangement with OpenAI is non-exclusive. That effort failed to end the litigation.
OpenAI has framed the broader case as part of what it describes as a multipronged “lawfare” campaign orchestrated by X owner Elon Musk to secure competitive leverage.
Musk has separately sued OpenAI in California federal court over the company’s now-abandoned transition toward a for-profit structure. That lawsuit also names Microsoft — a major OpenAI shareholder — as a defendant.
Counsel Line Up as Battle Expands
As the OpenAI X Antitrust suit gathers momentum, heavyweight legal teams stand on both sides of the aisle.
X Corp. is represented by Bradley Justus, Craig M. Reiser, Scott A. Eisman, Eva Yung and Christopher Erickson of Axinn Veltrop & Harkrider LLP, along with Judd E. Stone II and Noah Schottenstein of Stone Hilton PLLC.
OpenAI is represented by Michael K. Hurst, Chris W. Patton and Andy Kim of Lynn Pinker Hurst & Schwegmann LLP, and by William Savitt, Kevin S. Schwartz and Stephen D. Levandoski of Wachtell Lipton Rosen & Katz.
Apple’s legal team includes Dee J. Kelly Jr. and Julia G. Wisenberg of Kelly Hart & Hallman LLP, as well as Emily Johnson Henn, Henry Liu, Lauren Willard Zehmer and Carol Szurkowski Weiland of Covington & Burling LLP.
OpenAI and X did not immediately respond to requests for comment Friday.
As discovery skirmishes unfold, the courtroom battle resembles a chess match played at silicon speed — each motion a calculated move in a high-stakes contest over AI dominance, market power and the rules of competition in a rapidly shifting technological era.
