Mr Musk replied "yes" when asked if he would buy shares again if the takeover didn't happen.
The company sued Mr Musk after he said he would walk away from the deal.
The company has been accused of withholding information.
The judge ruled last month that the lawsuit against Mr Musk should go to trial.
The court should order Mr Musk to complete the takeover at the agreed price, according to the company.
The details of Mr Musk's countersuit have not been released.
In July, the company said it had spent $33 million on the deal.
The net loss was worse than expected and it said its number of monthly users had risen to 237 million.
Last month, the company revealed that it had sold 75% of its digital currency at the end of the year.
Last year, the company made waves when it revealed a big investment in the world's biggest cryptocurrencies.
The company said it bought traditional currency with the proceeds of its business.