Judge Rebukes Forum-Shopping Claims, Retains X and xAI Case in Texas

TLDRs;

• Judge Mark Pittman ruled that the X and xAI antitrust lawsuit against Apple and OpenAI will stay in Fort Worth, Texas.
• Pittman mocked the companies’ minimal local ties but noted neither Apple nor OpenAI moved to transfer the case.
• The lawsuit, filed in August 2025, accuses Apple and OpenAI of monopolistic coordination in AI markets.
• The case’s timeline runs through 2026, as developers analyze broader implications for App Store algorithm fairness.

A federal judge has decided that the antitrust case filed by Elon Musk’s companies, X and xAI,  against Apple and OpenAI will remain in Fort Worth, Texas.

The ruling, delivered by U.S. District Judge Mark Pittman, marks a key procedural win for Musk’s firms as they challenge what they allege are monopolistic practices in the artificial intelligence ecosystem.

Judge Pittman, a Trump appointee, noted that although the parties have limited connections to Fort Worth, neither Apple nor OpenAI made any formal request to transfer the case to another jurisdiction before the legal deadline. With that procedural point missed, the case is now firmly set to proceed in his courtroom.

The decision came after weeks of speculation that the lawsuit might be relocated to California, where both Apple and OpenAI are headquartered. However, Pittman emphasized that under Fifth Circuit precedent, his ability to move the case was restricted without a motion from the defendants.

Sarcasm and Substance in the Courtroom

During his ruling, Judge Pittman injected a dose of irony, suggesting that if X and xAI wanted to strengthen their claim to a Texas venue, they should consider relocating their headquarters to Fort Worth.

While X is based in Bastrop, Texas, the judge pointed out that the company’s operational footprint in the region remains minimal.

Pittman’s comments underscored a broader judicial frustration with “forum-shopping”, the practice of choosing a court perceived to be favorable. Yet, despite his criticism, the judge clarified that his hands were tied by existing procedural standards. “The court may not act where the law restricts it,” he remarked, highlighting that both Apple and OpenAI’s silence on the transfer issue effectively sealed the case’s Texas venue.

Lawsuit Timeline and Stakes

The antitrust lawsuit, filed on August 25, 2025, accuses Apple and OpenAI of colluding to suppress competition in AI markets. Musk’s companies claim that Apple’s ecosystem favors OpenAI’s ChatGPT integrations while limiting competitors such as xAI’s Grok chatbot.

The trial is currently scheduled for October 19, 2026, giving the parties over a year for discovery and pretrial motions. Apple and OpenAI filed motions to dismiss on September 30, 2025, arguing that Musk’s complaint “fails to state a claim”, a legal maneuver that could potentially end the case before trial.

The court’s procedural calendar stretches into late 2026, including deadlines for adding parties, amending pleadings, mediation efforts, discovery phases, and pretrial motions.

Implications Beyond the Courtroom

Beyond its legal drama, the case has triggered ripple effects across the tech and app development ecosystem. The lawsuit’s claims of App Store favoritism have prompted app marketing specialists to conduct independent ranking audits, particularly focusing on chatbot-related keywords.

App Store Optimization (ASO) firms are now exploring whether certain AI apps face “hidden deprioritization,” as alleged by xAI. Developers of major AI applications, such as Character AI and Talkie AI, are reportedly analyzing search ranking data to assess potential biases.

Meanwhile, data analytics providers are exploring new products to track App Store algorithm shifts, helping AI app developers adjust marketing budgets and counteract any systemic disadvantages in visibility or downloads.

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