Overview
- A federal judge in Oakland denied dismissal bids and set a late‑April 2026 jury trial to hear Musk’s core claims over OpenAI’s nonprofit and open‑source commitments.
- The court said a jury must decide whether Microsoft had actual knowledge of any breach, though it tossed Musk’s unjust‑enrichment claim against Microsoft.
- Musk’s filing seeks disgorgement of $79–$134 billion based on expert C. Paul Wazzan’s estimate of OpenAI’s $65.5–$109.43 billion and Microsoft’s $13.3–$25.06 billion in alleged wrongful gains.
- Recently unsealed 2017 notes from OpenAI co‑founder Greg Brockman, including the line “cannot say that we are committed to the non‑profit,” feature prominently in Musk’s evidence.
- OpenAI calls the case baseless, warned investors to expect “deliberately outlandish” trial claims, and says any liability should not exceed Musk’s $38 million donation, while Microsoft denies wrongdoing.