Judge of Chancery Court in Delaware Kathleen McCormickwho oversees the litigation between Twitter, Inc. TWTR and Tesla, Inc. TSLA chairman Elon Musk ruled on Thursday that the billionaire can amend its counterclaim to include the $7.8 billion settlement the social media company paid to the whistleblower Peter Zatko.

This is seen as a small victory for Musk, as Twitter made the payment on June 28, violating the terms of the deal it signed with Musk regarding its proposed acquisition.

As part of the lawsuit to enforce Musk’s $44 billion deal, Twitter asked him and his attorneys to provide all communications between them and Zatko from December 1, 2021 to August 22, 2022. The judge made this a requirement to grant Musk’s motion to amend his counterclaim against Twitter.

See also: Elon Musk will answer Twitter’s questions under oath in court next week

The billionaire sent a third notice to Twitter Earlier this month, citing the inappropriateness of Twitter’s payment to Zatko.

Known as “Mudge” in cybersecurity circles, Zatko was previously Twitter’s head of security and was fired from the service in January. In August, a whistleblower complaint he filed with the SEC and other federal agencies was published, alleging serious security issues at Twitter that pose a threat to user data. He testified before Congress last week.

The Twitter-Musk lawsuit will enter a five-day trial beginning October 17.

price action: Twitter closed Thursday’s session at $41.40, up 0.32% Benzinga Pro data.