Musk Explored Joint OpenAI IP Bid with Zuckerberg Weeks Before $97.4 Billion Offer, Court Filings Reveal
Newly unsealed court documents reveal a pivotal exchange between tech titans Elon Musk and Mark Zuckerberg, where Musk explored a joint venture to acquire OpenAI’s intellectual property just weeks before his xAI-led consortium launched an unsolicited $97.4 billion bid for the AI powerhouse in February 2025. These recently disclosed filings form a crucial component of Musk’s continuing legal challenge against OpenAI and its Chief Executive Officer, Sam Altman, offering an unprecedented look into the dynamic and often tumultuous relationship between the Tesla and Meta CEOs.
The documents detail a text message from Zuckerberg to Musk at 10:04 p.m. PT on February 3, 2025. Zuckerberg acknowledged apparent advancements from the “White House DOGE office,” an entity Musk effectively spearheaded. Furthermore, Zuckerberg assured Musk that his internal teams remained “on alert to take down content doxxing or threatening” individuals associated with Musk’s DOGE initiatives, as documented. He concluded his message, offering, “Let me know if there is anything else I can do to help.”
Within thirty minutes, Musk responded to Zuckerberg’s overture with a heart emoji, swiftly pivoting the conversation to OpenAI. Musk directly queried, “Are you open to the idea of bidding on the OpenAI IP with me and some others?” referencing the tech sector’s shorthand for intellectual property. Zuckerberg’s immediate reply: “Want to discuss live?” Musk registered his approval of Zuckerberg’s promptness and committed to a phone call “in the morning,” according to the filings. The official record remains silent on whether this planned discussion materialized. A Meta spokesperson, when contacted, declined to offer any comment on the matter.
An August 21, 2025, court briefing submitted by OpenAI explicitly named Zuckerberg as an individual with whom Musk discussed a letter of intent concerning “potential financing arrangements or investments” in the company. However, OpenAI’s briefing further clarified, confirming, “Neither Zuckerberg nor Meta signed the LOI,” indicating no formal agreement was reached. Representatives for OpenAI, Elon Musk, and a senior legal counsel for Tesla did not immediately respond to inquiries for further clarification on these exchanges.
Just days later, on February 10, 2025, a consortium of investors, spearheaded by Musk’s xAI, lodged an unsolicited $97.4 billion acquisition bid for the then-nonprofit organization overseeing OpenAI. This aggressive move, conveyed through Musk’s attorney Marc Toberoff, explicitly sought to thwart OpenAI’s strategic shift toward a for-profit operational model. OpenAI CEO Sam Altman wasted no time in publicly dismissing the offer, responding via X with a succinct “no thank you but we will buy twitter for $9.74 billion if you want,” a clear counter-jab at Musk’s prior acquisition of the social media platform.
This dramatic bid unfolded against the backdrop of Musk’s existing lawsuit, filed in August 2024, against Altman and other OpenAI board members. Musk contends he was misled into his initial investment, asserting the founders originally pitched a nonprofit entity dedicated to developing AI for universal human benefit. He alleges the organization has since fundamentally deviated, prioritizing profit generation over its foundational mission. Having initially contributed approximately $38 million to OpenAI, Musk now seeks a staggering $134 billion in damages in the latest iteration of his legal complaint, underscoring the severe financial stakes involved in this dispute.
Further documents reveal a separate December 13, 2024, exchange where Zuckerberg alerted Musk to a “leak” concerning Meta’s formal letter to the California Attorney General. This correspondence reportedly expressed Meta’s support for Musk’s ongoing legal action against OpenAI. Zuckerberg emphasized his direct communication, stating, “Wanted to make sure you heard this from me,” highlighting a continued, albeit complex, alignment between the two tech leaders on certain contentious issues.
OpenAI formally completed its contentious transition from a nonprofit to a for-profit enterprise in October 2025, though it retains an affiliated nonprofit division. This structural change is central to Musk’s allegations and the core of the legal battle. The high-stakes lawsuit brought by Musk against Altman and OpenAI is slated for jury selection on April 27 in Oakland, California, marking a critical juncture in this corporate saga that continues to captivate the tech and investment communities.
Investors across all sectors closely monitor such high-profile legal and financial maneuvers. The sheer scale of the bids and damages sought in this case, alongside the strategic implications for the rapidly evolving artificial intelligence landscape, presents crucial insights into capital deployment and competitive dynamics that extend beyond the immediate tech arena. The outcome of these legal and financial battles could reshape the future of AI development and set precedents for corporate governance in high-growth, innovative industries.
