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Judge Clears Musk’s OpenAI Suit for Jury Trial in March

The judge pointed to contested assurances about a nonprofit pledge, with jurors to decide timeliness.

Overview

  • U.S. District Judge Yvonne Gonzalez Rogers said there is “plenty of evidence” to send the case to a jury trial set for March 2026.
  • Jurors will also decide whether Musk’s claims are time-barred under the statute of limitations.
  • Evidence the judge referenced includes a 2017 diary entry by Greg Brockman discussing a possible switch to a for‑profit model.
  • Musk alleges he contributed about $38 million based on assurances OpenAI would remain a nonprofit and now seeks damages and to void Microsoft’s licensing deal.
  • OpenAI, Sam Altman, and Brockman deny the allegations, and Microsoft says there is no evidence it aided or abetted any misconduct.