Earlier in August, U.S. District Judge Yvonne Gonzalez Rogers ruled that Musk must face OpenAI's claims that the billionaire, through press statements, social media posts, legal claims and "a sham bid for OpenAI's assets," attempted to harm the AI startup.

Elon Musk tried to enlist Meta Platforms Chief Executive Mark Zuckerberg as part of his unsolicited $97.4 billion bid to takeover OpenAI earlier this year, according to court filings.A consortium of investors led by Musk offered to buy the nonprofit that controls OpenAI in February as part of the billionaire’s continuing legal battle with the company he co-founded alongside Sam Altman.