Overview
- U.S. District Judge Yvonne Gonzalez Rogers denied dismissal bids and set jury selection for April 27 in Oakland, leaving Microsoft in the case even as one unjust-enrichment claim was dismissed.
- New filings show Musk is seeking $79–$134 billion in disgorgement, citing expert C. Paul Wazzan’s analysis tying his $38 million seed support and early contributions to OpenAI’s roughly $500 billion valuation.
- The court pointed to unsealed 2017 communications, including Greg Brockman’s note about not committing to a nonprofit path, in allowing Musk’s fraud and breach claims to proceed.
- The ruling recognizes Musk’s standing to enforce conditions he says accompanied his donation, including commitments to remain nonprofit and open source.
- OpenAI labeled the suit baseless, warned investors to expect attention-grabbing claims at trial, and published a blog post disputing Musk’s account, while Microsoft’s counsel has argued there is no evidence it aided any breach.