Billionaire Elon Musk dropped a lawsuit on Tuesday against OpenAI and its CEO, Sam Altman over the company allegedly straying from its founding mission to develop artificial intelligence for the benefit of humanity.

Musk withdrew the complaint a day before a California judge was set to hear OpenAI’s motion for dismissal, Bloomberg reported. He had accused OpenAI of becoming a “de facto” subsidiary of Microsoft Corp., a violation of a founding agreement to be a nonprofit, according to the business news website.

The owner of X moved to dismiss the lawsuit “without prejudice,” which means that a settlement was not reached to resolve it, according to The Hollywood Reporter. A complaint can be refiled.

The lawsuit had sought a jury trial and wanted OpenAI, co-founder Altman and company president Brockman to pay back any profit they received from their business, CNN reported.

Musk’s lawyers did not cite a reason for their request to drop the lawsuit, according to the cable news outlet.

Musk helped found OpenAI in 2015 with co-founders Altman and Greg Brockman, according to The Hollywood Reporter. He left the board in 2017.

The co-founder of Tesla and SpaceX sued the company in March, accusing the ChatGPT maker of reserving some of its most advanced AI technology for private customers, CNN reported.

OpenAI pushed back, calling Musk’s claims “incoherent” and “frivolous,” according to the cable news outlet. The company also published a blog post that included several of Musk’s emails from the early days of OpenAI, CNN reported.

The emails allegedly showed that Musk acknowledged OpenAI’s need to make money to power its artificial intelligence goals, a contradiction to the billionaire’s claims in his complaint.

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