A lawsuit brought by Elon Musk against OpenAI will proceed to a jury trial in late April after a U.S. federal judge rejected efforts by OpenAI and Microsoft to have the case dismissed, according to court filings.
A federal judge in Oakland, California, ruled on Wednesday that Musk’s claims should move forward, clearing the way for the high-profile legal battle to enter the trial phase later this spring.
Musk filed the lawsuit in 2024, accusing OpenAI of abandoning its founding mission as a public, charitable organization after receiving tens of billions of dollars in backing from Microsoft and pursuing a transition toward a for-profit structure. Musk, who was among OpenAI’s original founders, has argued that the company’s shift undermines its original commitment to developing artificial intelligence for the benefit of humanity.
OpenAI and Microsoft had sought to dismiss the case, arguing that Musk’s claims lacked legal merit. The judge’s decision allows the case to be heard by a jury.
An OpenAI spokesperson said Musk’s lawsuit was “baseless” and part of what the company described as a pattern of harassment, adding that OpenAI looks forward to demonstrating this in court. The spokesperson said the company remains focused on supporting the OpenAI Foundation, which it said is now one of the most well-resourced nonprofit organizations in the world.
The case is being closely watched across the technology sector, as it touches on broader questions around governance, nonprofit structures, and the commercialization of artificial intelligence amid intense competition and investment in the field.
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