09/16/2026
OpenAI wants to see Elon Musk’s secret Apple settlement.
X and SpaceXAI resolved their antitrust claims against Apple this week, but they are still suing OpenAI in the same case.
The public filing says almost nothing about what happened. Musk’s companies say only that they have “resolved their claims” against Apple and want those claims dismissed with prejudice. No terms were disclosed. No payment was disclosed. The filing never even uses the word “settlement.”
OpenAI immediately asked the court to see whatever agreement sits behind that resolution.
There is a good reason for that.
Federal antitrust law does not allow a plaintiff to recover twice for the same injury. The Supreme Court laid that out in *Zenith Radio v. Hazeltine*: if one alleged co-conspirator has already compensated the plaintiff for a particular item of damage, the plaintiff cannot recover that same item again from another defendant.
So if Apple’s agreement compensated X or SpaceXAI for some of the same alleged harm they are still seeking from OpenAI, OpenAI may be entitled to a credit.
The details of the Apple agreement become crucial because the release itself does not automatically protect OpenAI. What matters is what the agreement actually compensated Musk’s companies for.
That gets even more interesting because antitrust damages can be trebled.
Federal courts have held that settlement credits are generally deducted from the trebled judgment. That means if a jury found $100 million in damages and the award became $300 million after trebling, a $50 million payment from another defendant would typically reduce the $300 million figure by $50 million.
One settlement dollar can therefore be worth one dollar of credit to the defendant left in the case.
There is another reason OpenAI cares so much about seeing the terms: federal antitrust law does not give co-conspirators a general right of contribution.
If OpenAI ultimately gets stuck with a large judgment, it cannot simply turn around and force Apple to reimburse it for Apple’s supposed share. The credit supported by Apple’s agreement may be OpenAI’s main protection against paying for damages that have already been compensated.
Judge Mark Pittman has now ordered X and SpaceXAI to provide any agreement related to the Apple resolution for **in camera review**.
That means the judge sees it privately first. OpenAI has not automatically been given the agreement. Pittman will decide what, if anything, the remaining defendant is entitled to see.
There is one final wrinkle. Once a defendant shows that the same claim was settled, precedent can shift the burden to the plaintiff to show that the settlement covered a different injury or theory of liability.
So the vague public statement that the Apple claims were simply “resolved” may eventually require a much more specific explanation.
The January 2027 trial remains on the calendar. Before then, the court may have to determine exactly what Apple resolved, what any consideration was for, and how much of that matters to the case that remains against OpenAI.