Overview
- Trial is set for late April 2026 in Oakland after Judge Yvonne Gonzalez Rogers denied dismissal bids and cited 2017 internal notes, including Greg Brockman’s line that he “cannot say that we are committed to the non-profit.”
- Musk’s filing says he contributed about $38 million—roughly 60% of early seed funding—plus recruiting and credibility, with expert C. Paul Wazzan estimating OpenAI’s gains at $65.5–$109.43 billion and Microsoft’s at $13.3–$25.06 billion.
- OpenAI and Microsoft have asked the court to exclude Wazzan’s testimony as unprecedented and unverifiable, arguing the case is worth no more than Musk’s $38 million donation.
- The judge allowed claims that Microsoft may have known of or aided OpenAI’s shift to proceed but dismissed Musk’s unjust-enrichment claim against Microsoft for lack of the necessary relationship.
- OpenAI has told investors to expect “deliberately outlandish” claims and published a blog disputing Musk’s narrative, while Musk signaled he may also seek punitive damages and a possible injunction.