ChatGPT maker OpenAI asked a Texas federal judge to throw out an antitrust lawsuit brought by Elon ​Musk’s AI startup xAI before trial, arguing that disclosures by xAI parent company ‌SpaceX undermine claims that Apple’s partnership with OpenAI shut out ​rivals.

OpenAI on Tuesday asked ⁠US District Judge Mark Pittman in Fort Worth to rule for OpenAI based on the facts so far in the case, which is now set for ‌a trial in January.

Musk’s companies sued Apple and OpenAI last year, alleging Apple violated antitrust law by exclusively ‌integrating ChatGPT into Apple Intelligence features on iPhones and other ‌Apple devices.

Apple and OpenAI have denied any wrongdoing. Apple previously said ⁠its integration deal with OpenAI was not exclusive. X said last week it has settled with Apple, but the terms have not been disclosed.

OpenAI’s new court filing ​argued that deposition testimony and other ‌evidence bolstered its defense, including recent securities disclosures from Musk’s SpaceX, which began publicly trading in June.

SpaceX’s initial public offering registration statement, OpenAI said, is “replete with disclosures diametrically opposed” to xAI’s claims of ‌competitive harm alleged in its lawsuit. The registration “bears no resemblance ​to the doomsaying in this litigation,” it said.

OpenAI denied it wields monopoly power, a necessary element to prove ⁠antitrust violations.

The company also said that by early last year Apple’s “integration of ChatGPT appeared to be off to a slow start,” which ‌was far from signaling a chatbot monopoly among iPhone users. OpenAI said it “cut its forecast for the number of incremental logged-in weekly active users that it expected to obtain as a direct result of the integration.”

By the time Musk sued, OpenAI said, “it was clear that Apple’s integration of ChatGPT was dramatically underperforming.”

Apple, OpenAI and xAI did ‌not immediately respond to requests for comment.