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Microsoft, OpenAI win dismissal of claims in Musk's US case

( August 12, 2025, 22:31 GMT | Official Statement) -- MLex Summary: Microsoft and OpenAI were granted the dismissal of claims in Elon Musk’s US lawsuit over OpenAI's transition to for-profit status. US District Judge Yvonne Gonzalez Rogers found that the second amended complaint does not add detail on how the companies operated through a pattern of racketeering activity. “To the extent the 2015 and 2017 communications with Musk form the pattern, the court found last time these were insufficient to show the operation of OpenAI as a fraudulent enterprise. To the extent additional misrepresenttations are alleged to form that pattern, OpenAI is correct that the SAC fails to provide the level of detail surrounding those newly pled allegations needed to satisfy,” Gonzalez Rogers said. Gonzalez Rogers also dismissed the claim for breach of implied covenant, finding that it was duplicative of the breach of contract claim.See attached file. ...

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