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Musk Seeks Up to $134 Billion From OpenAI, Microsoft as Defendants Attack His Damages Math

The case is set for an April jury trial, with the defendants seeking to exclude his expert damages model.

Overview

  • New filings show Elon Musk is pursuing $79 billion to $134 billion in damages tied to what he calls OpenAI and Microsoft’s wrongful gains.
  • His expert, C. Paul Wazzan, estimates OpenAI’s gains at $65.5 billion to $109.43 billion and Microsoft’s at $13.3 billion to $25.06 billion.
  • OpenAI and Microsoft moved to bar Wazzan’s testimony, calling his approach unprecedented, unverifiable, and dependent on hypothetical scenarios and xAI comparisons.
  • Musk cites his $38 million in seed funding, extensive recruiting help, and early guidance as the basis for a share of value after alleging OpenAI abandoned its nonprofit mission.
  • OpenAI criticized the claims as baseless and a harassment campaign and warned that presenting such a number would mislead jurors about recoverable relief.