Elon Musk asked Mark Zuckerberg to join him in a bid for OpenAI's intellectual property just days before submitting a $97.4 billion unsolicited offer for the AI company in February 2025, according to newly unsealed court documents. The messages, part of Musk's ongoing lawsuit against OpenAI and its CEO Sam Altman, reveal a private discussion between the two tech billionaires whose public relationship has included challenges to cage fights.
The documents show Zuckerberg texted Musk at 10:04 p.m. PT on 3 February 2025, stating that Musk's White House DOGE office appeared to be "making progress." The Meta CEO added his teams would be "on alert to take down content doxxing or threatening" people working with Musk at DOGE. "Let me know if there is anything else I can do to help," Zuckerberg wrote.
Proposal for a Consortium
Approximately 30 minutes later, Musk responded with a heart emoji and posed the pivotal question: "Are you open to the idea of bidding on the OpenAI IP with me and some others?" He used the common abbreviation for intellectual property. Zuckerberg replied, "Want to discuss live?" to which Musk responded that he would "call in the morning." It remains unclear if that call occurred, and a Meta spokesperson declined to comment to Business Insider.
OpenAI's court briefing from 21 August 2025 states Musk "identified" Zuckerberg as someone he communicated with regarding a letter of intent about potential financing for OpenAI. The briefing clarifies that "Neither Zuckerberg nor Meta signed the LOI."
The $97.4bn Bid and Legal Battle
On 10 February 2025, a consortium led by Musk's xAI submitted the $97.4bn bid to acquire the then-nonprofit organisation controlling OpenAI. The bid, submitted by Musk's attorney Marc Toberoff, aimed to block OpenAI's transition to a for-profit entity. OpenAI CEO Sam Altman promptly rejected the offer on X, stating, "no thank you but we will buy twitter for $9.74 billion if you want."
Musk's lawsuit, filed in August 2024, alleges he was deceived into investing in what was presented as a nonprofit focused on developing AI for humanity's benefit, which he claims is now profit-driven. Having contributed approximately $38 million in OpenAI's early years, Musk is now seeking up to $134 billion in damages in the most recent version of the suit.
Further Collaboration and Upcoming Trial
The unsealed documents also reveal a separate exchange on 13 December 2024, where Zuckerberg informed Musk that someone had "leaked" Meta's letter to the California Attorney General supporting Musk's lawsuit. "Wanted to make sure you heard this from me," Zuckerberg added.
OpenAI officially completed its conversion from a nonprofit to a for-profit company in October 2025, though it maintains a nonprofit wing. Jury selection for Musk's lawsuit against Altman and OpenAI is scheduled to begin on 27 April in Oakland, California.