Billionaire entrepreneur Elon Musk on Tuesday applied to dismiss his lawsuit in which he accused ChatGPT maker OpenAI and its CEO Sam Altman of abandoning the startup’s core mission of developing artificial intelligence for the benefit of humanity, not for profit.

According to a document filed in San Francisco Superior Court, Musk’s lawyers requested the California state court to dismiss the lawsuit originally filed in February, but did not give a reason for the move.

A Superior Court judge there was set to hear OpenAI’s request to dismiss the suit at a hearing scheduled for Wednesday.

Lawyers for OpenAI and Musk did not immediately respond to requests for comment.

Musk had his case dismissed without prejudice, meaning he can refile it another time.

The lawsuit is a result of Musk’s long-standing antagonism toward OpenAI, a startup he co-founded that has become the face of generative AI thanks to billions of dollars in funding from Microsoft.

Musk founded his own artificial intelligence startup, xAI, in July last year, which raised $6 billion in Series B funding in May, taking its post-money valuation to $24 billion.

The lawsuit says Altman and OpenAI co-founder Greg Brockman approached Musk about creating an open source, nonprofit company, but the startup founded in 2015 is now focused on making money.

The lawsuit says OpenAI “jeopardized the Founding Agreement” by releasing GPT-4, its most powerful language model, last year.

Musk asked the judge in the suit to force OpenAI to make its research and technology available to the public and prevent the startup from using its assets, including GPT-4, for the financial benefit of Microsoft and others.

OpenAI argued in a court filing that the lawsuit was based on inconsistent claims, and called it a fabricated attempt by Musk to advance his AI interests.

“Given the remarkable technological progress achieved by OpenAI, Musk now wants that success for himself,” OpenAI’s lawyers said.

Musk said in an April filing that OpenAI was “attempting to advance arguments based on disputed facts” that are outside the scope of the lawsuit.