Overview
- U.S. District Judge Yvonne Gonzalez Rogers denied dismissal bids by OpenAI and Microsoft and set jury selection for April 27, 2026 in Oakland, while tossing Musk’s unjust‑enrichment claim against Microsoft.
- The court’s order leans on unsealed 2017 materials, including Greg Brockman’s private notes about not being committed to a nonprofit structure and references to a potential B‑corp shift.
- A new Musk filing seeks $79 billion to $134 billion in disgorgement based on OpenAI’s reported $500 billion valuation, with plans to also pursue punitive damages.
- OpenAI published a blog disputing Musk’s narrative, accusing him of cherry‑picking evidence and asserting he supported a for‑profit structure but sought full control or a merger into Tesla; Sam Altman echoed that account.
- OpenAI warned investors to expect attention‑grabbing claims at trial and said the case is worth no more than Musk’s $38 million donation, while prediction markets moved probabilities toward a Musk win and Jim Cramer called the suit “the real deal.”