US Judge Allows Elon Musk's $134 Billion Lawsuit Against OpenAI and Microsoft to Proceed to Jury Trial
Here's what it means for you.
A $134 billion lawsuit over AI ownership and profit could set new global benchmarks for tech partnership risks and rewards.
What happened
A U.S. judge allowed Elon Musk’s $134 billion damages claim against OpenAI and Microsoft to proceed to a jury trial, despite calling his numbers “out of the air.”
The Context
- Origin Story: Musk co-founded OpenAI as a nonprofit in 2015, left in 2018 after disputes, and now claims OpenAI’s for-profit pivot—fueled by $13B from Microsoft—violates its original mission.
- Legal Stakes: The court is weighing whether OpenAI and Microsoft must forfeit up to $134B in alleged wrongful gains, a figure based on expert testimony the judge found questionable but admissible.
- Industry Impact: The trial’s outcome could reshape how tech giants structure AI ventures, partnerships, and profit-sharing worldwide.
The Number
— The upper limit Musk seeks in damages, spotlighting the scale of value and risk in global AI alliances.
Takeaway
Expect April 2026’s jury trial to clarify how courts view founder rights, nonprofit pivots, and mega-scale tech profits.
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A US judge questions Elon Musk's $134B claim for damages in his lawsuit against OpenAI and Microsoft but rules he can still make his case to a jury (George Hammond/Financial Times)
A US judge has questioned Elon Musk's $134 billion damages claim in his lawsuit against OpenAI and Microsoft but ruled that Musk can still present his case to a jury, allowing expert testimony in the upcoming trial.
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Musk’s $134bn claim against OpenAI rests on ‘numbers out of the air’, judge says
A California court questioned the credibility of Elon Musk's $134bn claim against OpenAI, describing the figures as 'numbers out of the air,' but allowed the expert witness testimony to remain for the upcoming April trial.