Overview
- U.S. District Judge Yvonne Gonzalez Rogers rejected OpenAI and Microsoft motions to dismiss, clearing the case for trial starting April 27, 2026, in Oakland.
- The court said Musk has standing tied to his roughly $38 million contribution and may argue OpenAI broke nonprofit and open‑source commitments.
- Evidence heading to the jury includes 2017 messages, such as Greg Brockman’s note stating he could not say the group was committed to a nonprofit structure.
- Claims that Microsoft knowingly aided any breach will be tried, while an unjust‑enrichment count against the company was dismissed.
- OpenAI told investors the suit is baseless and likely limited to the $38 million at issue, as prediction market Kalshi priced a roughly 57% chance of a Musk win and Jim Cramer warned of IPO risks.