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Judge Clears Musk’s OpenAI Lawsuit for March Jury Trial

Jurors will first decide when any alleged deceit occurred, a threshold issue under the three-year fraud limit.

Overview

  • U.S. District Judge Yvonne Gonzalez Rogers said there is “plenty of evidence” and declined to toss key claims, with a written order to follow.
  • Newly unsealed records include emails, texts and a 2017 Greg Brockman diary entry discussing a possible shift to a for-profit model.
  • OpenAI, Sam Altman and Greg Brockman deny wrongdoing and portray Musk as a rival trying to slow a market leader.
  • Microsoft, named as a defendant, urged dismissal of claims against it, arguing there is no evidence it aided OpenAI’s alleged misconduct.
  • Musk says he contributed about $38 million to OpenAI’s early funding and seeks recovery of “ill-gotten gains” as the case moves toward a jury.