Elon Musk’s lawsuit against OpenAI moves closer to trial, judge indicates

Elon Musk’s legal battle against OpenAI is moving closer to a courtroom showdown after a federal judge indicated the case will likely go to trial.

Without issuing a formal ruling, US District Judge Yvonne Gonzalez Rogers made it clear she intends to reject OpenAI’s request to dismiss the lawsuit, which Musk filed around 17 months ago. 

The case centres on claims that the Sam Altman-led company misled its billionaire co-founder as it transitioned from a nonprofit research lab into a highly valued for-profit enterprise.

Speaking during a 90-minute hearing in Oakland, California, the judge was direct in her assessment, stating, “This case is going to trial.” 

She added that further decisions are still needed on how the trial will be structured.

Judge Gonzalez Rogers also noted she is considering whether to drop Musk’s unjust enrichment claims against Microsoft, which has built a massive financial stake in OpenAI since investing $1 billion in a for-profit subsidiary launched in 2019.

However, the judge told lawyers there is enough evidence for a jury to review the core allegations. 

If the case proceeds, both Musk and OpenAI's chief executive are expected to testify under oath.

Once united by a shared vision of building safe and open AI, Musk and Altman are now locked in one of Silicon Valley’s most high-profile legal disputes.