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Judge Sends Musk’s OpenAI Lawsuit to April Jury Trial, Keeps Claims Against Microsoft

The case will test Musk’s right to enforce conditions on his $38 million donation, with Microsoft’s knowledge of any breach under scrutiny.

Overview

  • U.S. District Judge Yvonne Gonzalez Rogers denied dismissal bids from OpenAI and Microsoft, setting jury selection for April 27, 2026 in Oakland with a trial window through May 22.
  • The court recognized Musk’s legal standing despite his donation flowing through an intermediary, finding he may enforce alleged nonprofit and open‑source conditions.
  • Internal 2017 communications were cited as key evidence, including Greg Brockman’s note that saying they were committed to a nonprofit would be “a lie” if a b‑corp move followed.
  • Claims that Microsoft may have knowingly helped any breach will go to the jury, though an unjust‑enrichment count against Microsoft was dismissed.
  • Thousands of pages of filings and partial 2025 depositions were unsealed, OpenAI told investors to expect attention‑grabbing claims and argued exposure is capped at $38 million, and market chatter—from Jim Cramer to Kalshi bettors—signaled rising focus on the case.