Elon Musk has dropped his recently filed lawsuit against OpenAI and CEO Sam Altman, which claimed that the company had abandoned its not-for-profit and open-source origins.

According to a filing with the San Francisco Superior Court last week, Musk and his attorneys requested that the court dismiss the lawsuit without prejudice, leaving room for him to potentially re-file in the future. Musk and his attorneys didn’t say why they were dropping the lawsuit, and the move came just ahead of when the Superior Court judge was set to hear OpenAI’s bid for dismissal on Wednesday.

In the original lawsuit, Musk requested that the judge force OpenAI, a company which he co-founded, to open its research and technology to the public, and prevent the company from financially benefitting major investor Microsoft with its products, such as GPT-4.

“Seeing the remarkable technological advances OpenAI has achieved, Musk now wants that success for himself,” said OpenAI attorneys in a court filing opposing the lawsuit (via Reuters).

The ChatGPT maker’s attorneys also argued that Musk was using the lawsuit to advance his own artificial intelligence (AI) interests with his company xAI, noting that the suit was also based on incoherent claims.

The news comes as the latest in an ongoing feud between Musk and OpenAI, as well as its CEO Sam Altman, with Musk criticizing both the company abandoning its non-profit mission and allegedly programming its ChatGPT with a “woke” political bias.

Musk founded xAI last year, seemingly as a response to the ongoing dispute, and the company later debuted its first product, the Grok language model. In March, xAI officially open-sourced Grok, amidst criticisms from Musk asking what the “Open” stood for in OpenAI. In April, xAI also debuted its first visual processing model with Grok, dubbed Grok 1.5v.

Although Musk denied reports in January claiming that xAI was raising $6 billion in capital — as he continued to lodge criticisms at OpenAI for its profit-driven structure — the company last month announced that it had raised $6 billion in Series B funding.

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