Elon Musk has lost a discovery fight in X and xAI’s antitrust case against Apple and OpenAI. A June 2 federal court order requires Musk’s side to produce responsive documents from his Tesla and SpaceX business email accounts.
The order means Musk’s side must turn over responsive documents from those accounts for discovery. It does not mean every Tesla or SpaceX email is being opened up. The production is limited to material tied to the claims and defenses in the case.
Why Tesla and SpaceX emails matter here
X and xAI sued Apple and OpenAI last year, claiming Apple’s ChatGPT integration with Apple Intelligence unfairly sidelined rival AI chatbots like Grok. After an earlier legal setback for Apple and OpenAI, the case has moved into discovery, where each side is fighting over what documents the other must search and produce.
In the order, Judge Mark T. Pittman overruled X and xAI’s objection to Magistrate Judge Hal R. Ray Jr.’s May 13 ruling. Pittman found there is reason to believe Musk may be conducting X or xAI business through his SpaceX and Tesla accounts, making those emails discoverable if they relate to the case.
That matters because Musk’s companies are closely tangled in the lawsuit. X and xAI are the plaintiffs, but Musk also leads Tesla and SpaceX, and xAI is now tied to SpaceX. If case-related business happened through those accounts, OpenAI gets to seek it in discovery.
Apple also has discovery duties
The same order gave Musk’s side a partial win against Apple. Apple must produce documents related to possible exclusivity clauses for AI providers on Apple products by June 17, 2026.
Apple software chief Craig Federighi was also designated as a document custodian, meaning Apple must search and produce responsive documents in his possession. The court rejected a similar request for CEO Tim Cook, saying Musk’s side had not shown that Cook likely had unique relevant evidence beyond what Federighi could provide.
This keeps the case moving on both sides. Musk’s side must produce relevant Tesla and SpaceX materials tied to X or xAI business, while Apple must produce a narrower set of AI partnership documents.
The bigger fight is still unresolved
The discovery ruling does not decide whether Apple and OpenAI violated antitrust law. It only decides what evidence must be searched and produced before the case moves further.
The underlying xAI lawsuit against Apple and OpenAI argues that Apple’s partnership with OpenAI gives ChatGPT an unfair advantage on iPhone, especially through Siri and Apple Intelligence. Apple and OpenAI have denied wrongdoing.
For now, the main change is procedural but still important: Musk cannot keep relevant case-related messages out of discovery simply because they sit in Tesla, SpaceX, text, or XChat accounts.
