What to Know About Elon Musk’s Trial Against OpenAI

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A jury in Oakland, Calif., reached a decision after a three-week-long trial seen as pivotal for the future of OpenAI and the artificial intelligence race.

The case has brought together tech luminaries, protesters and the news media.

Cade MetzMike Isaac

May 18, 2026Updated 3:35 p.m. ET

A jury reached a decision on Monday on Elon Musk’s blockbuster lawsuit against OpenAI, finding that the billionaire brought his suit after the statute of limitations expired.

Mr. Musk co-founded OpenAI in 2015 with Sam Altman and other artificial intelligence researchers. But that relationship soured, and he left the company. He sued OpenAI in 2024 and later added Microsoft to the suit, too.

Here’s what to know:

OpenAI was established in 2015 as a nonprofit, but Mr. Musk left the start-up in early 2018 after a power struggle. OpenAI’s leadership then attached the A.I. lab to a for-profit venture and started seeking funding from investors like Microsoft.

OpenAI is now worth an estimated $730 billion as a for-profit company overseen by the original nonprofit, and is expected to go public as soon as this year in one of the biggest initial offerings in history.

Mr. Musk sued the start-up, its founders and Microsoft in 2024, arguing that OpenAI abandoned its humanitarian mission in favor of monetary gain. He asked for more than $150 billion in damages from OpenAI and Microsoft, OpenAI’s primary partner. He also sought to remove Mr. Altman, OpenAI’s chief executive, from the company’s board and to unravel the commercial company that OpenAI created last year to oversee technology like ChatGPT.

Mr. Musk’s legal team built its case around a simple concept: “It is not OK to steal a charity,” as the billionaire said during his first day on the stand.


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