A federal judge indicated on Tuesday that parts of Elon Musk’s lawsuit against OpenAI could proceed to trial, with the Tesla CEO expected to testify in court.
Musk is attempting to stop OpenAI’s transition into a for-profit entity.
His lawyers argue the company was originally founded as a non-profit dedicated to AI development for the public good.
US District Judge Yvonne Gonzalez Rogers was reviewing his request for a preliminary injunction, which would block OpenAI’s restructuring before the trial.
While she did not issue a ruling on Tuesday, Rogers suggested Musk’s legal team may not have provided sufficient evidence to justify an immediate injunction.
She also indicated that an evidentiary hearing might be necessary, where both sides could present witnesses and additional proof.
“Something is going to trial in this case”
Speaking at a session in Oakland, California, Judge Rogers, said:
“Something is going to trial in this case.
“(Musk will) sit on the stand, present it to a jury, and a jury will decide who is right.”
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A Legal Battle Over AI’s Future
Musk co-founded OpenAI alongside CEO Sam Altman in 2015 but left before the company’s breakthrough success.
In 2023, he launched xAI, a competing AI startup.
OpenAI argues that shifting to a for-profit model is necessary to secure funding for developing advanced AI technologies.
Musk filed his lawsuit last year, alleging OpenAI’s leadership misled him by originally positioning the company as a nonprofit focused on AI for humanity.
He later expanded the case to include federal antitrust claims and, in December, formally requested the court to block OpenAI’s transition.
The case now moves forward, with the possibility of a full trial where Musk will testify.
