Musk vs Altman: Closing arguments end, jury deliberation next week

The initial stage of the Musk vs Altman trial wrapped up in the federal court in Oakland, California, on Thursday, after legal representatives for Elon Musk and OpenAI delivered their final statements to the jury.

The nine-person jury, comprising six women and three men, is set to start their discussions on Monday. The jury’s decision will serve as a recommendation, though Judge Yvonne Gonzalez Rogers will ultimately decide on liability.

“You are to form your verdict based solely on the evidence provided,” Gonzalez Rogers informed the jury on Thursday morning as she read the official instructions. “You will remember you swore an oath to do just this.”

Musk filed a lawsuit against OpenAI, its CEO Sam Altman, and Greg Brockman, the company’s president, in 2024, alleging they reneged on their promise to maintain the artificial intelligence startup as a nonprofit and unjustly enriched themselves.

Musk, who was a co-creator of OpenAI along with Altman and Brockman in 2015, contends that approximately $38 million he contributed was misused for commercial gains without his approval.

During the Thursday session, Musk’s attorney, Steven Molo, reiterated his claims that OpenAI neglected to make its technology open source, to prioritise AI safety, and to comply with nonprofit procedures and standards.

He further argued that OpenAI insiders and investors, including Altman, Brockman, and Microsoft, profited at Musk's expense.

Countering Molo’s assertions on Thursday, OpenAI’s lawyers, Sarah Eddy and William Savitt, contended that Altman and Brockman had not made any commitments to Musk regarding OpenAI’s corporate framework, and that Musk’s contributions were appropriately spent and used. They also highlighted that the Tesla and SpaceX CEO initiated the lawsuit only after launching his rival AI company, xAI.

“His concern was never truly about the nonprofit model,” Eddy remarked to the jury. “His focus was on prevailing.”

Microsoft, also a defendant in this case, had its closing arguments presented to the jury by attorney Russell Cohen. Musk has accused Microsoft, a major supporter of OpenAI, of contributing to the company's alleged breach of charitable obligations. Cohen insisted that Microsoft was unaware of these dealings and could not have participated.

William Savitt, the leading lawyer for OpenAI and Sam Altman, addresses the media outside the Ronald V. Dellums US Courthouse, where the trial between Elon Musk and OpenAI continued for its third day in Oakland, California, on April 29, 2026.

When the jury begins deliberations on Monday, the second stage of the trial, titled the remedies phase, will also get underway.

Gonzalez Rogers will listen to arguments regarding possible damages and the following steps that should be taken if OpenAI, Altman, and Brockman are found responsible. The jury won’t be involved in this stage.

Musk has requested a range of outcomes from the lawsuit since its initiation in 2024. Recently, he appealed to the judge to consider removing Altman and Brockman from their positions at OpenAI, and to dissolve the company's 2025 recapitalisation.

Earlier in January, Musk’s legal team argued that their client could claim up to $134 billion in damages from OpenAI and Microsoft, categorising them as “wrongful profits.” They maintain that any “unjust gains” should be returned to OpenAI’s foundation.

The remedies phase will only yield a decision if liability is established.

Gonzalez Rogers has presided over significant technology cases in the past, which might be why she opted to involve an advisory jury.

"Judges usually empanel advisory juries when they wish to gain the community’s perspective from the jurors or when they need 'cover' in a high-profile case," commented Steven Baicker-McKee, an associate law professor at Duquesne University, to CNBC.

Former President Barack Obama appointed Gonzalez Rogers to the U.S. District Court for the Northern District of California in 2011, and she earlier handled the competition lawsuit involving Epic Games and Apple.

Gonzalez Rogers displayed minimal tolerance for any antics by the lawyers during the first stage of the Musk vs Altman trial, frequently admonishing representatives for both sides when they strayed from proper conduct.

“You really don't want to find yourself in contempt, I assure you,” she warned an attorney on Tuesday.

Nevertheless, Gonzalez Rogers has shown kindness and amiability towards the jurors, making jokes and even offering them chocolates on one occasion. She ended Thursday’s session by reminding the jury that meals will be provided during their discussions.