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Federal Jury Dismisses Elon Musk’s Lawsuit Against OpenAI


— May 18, 2026

“Regarding the OpenAI case, the judge & jury never actually ruled on the merits of the case, just on a calendar technicality,” Musk wrote on X. “There is no question to anyone following the case in detail that Altman & Brockman did in fact enrich themselves by stealing a charity.”


A federal jury has dismissed Elon Musk’s lawsuit against OpenAI CEO Sam Altman, finding that the controversial billionaire waited too long to take legal action.

According to NBC News, the decision means that Altman and his co-defendants—including OpenAI co-founder Greg Brockman—will not be held liable for any of Musk’s claims presented during the three-week-long trial.

The jury also cited the statute of limitations in rejecting Musk’s allegations that Microsoft aided Altman and Brockman in allegedly breaching their duty to OpenAI. Microsoft, notes NBC News, was an early and prominent investor in OpenAI’s decision to abandon its not-for-profit roots for a more commercialized structure.

“He waited too long to sue,” OpenAI attorney William Savitt told the jury during opening statements. “It’s too late now to gin up something to harm a competitor.”

After the jury reached its decision, Savitt told reporters outside the courtroom that Musk sued largely to prevent OpenAI from becoming a viable competitor.

“The finding of the jury confirms that this lawsuit was a hypocritical attempt to sabotage a competitor and to overcome a long history of very bad predictions about what OpenAI has been and will become,” Savitt said outside the courtroom on Monday.

Elon Musk, grinning and at ease, wearing a dark suit and a plaid shirt with an unbuttoned collar.
Elon Musk in 2008. Photo by JD Lasica, via Flickr. CC BY 2.0

Savitt emphasized that it took jurors less than two hours to reach their decision.

Microsoft released a separate statement, saying that it welcomes the jury’s dismissal.

“The facts and the timeline in this case have long been clear, and we welcome the jury’s decision to dismiss these claims as untimely,” Microsoft said.

Musk, meanwhile, said on social media that he plans to appeal the ruling.

“Regarding the OpenAI case, the judge & jury never actually ruled on the merits of the case, just on a calendar technicality,” Musk wrote on X. “There is no question to anyone following the case in detail that Altman & Brockman did in fact enrich themselves by stealing a charity.”

Musk, writes CBS News, had sought $150 million in damages from OpenAI, as well as Altman’s removal from the company’s leadership. A decision for Musk could have forced OpenAI to reconfigure its corporate structure, potentially interfering in the company’s decision to go public later this year.

During the trial, Musk testified that he waited to sue because he believed Altman’s repeated assurances over the years that the company would remain a not-for-profit enterprise.

“Thinking that someone might steal your car is not the same as someone stealing it,” Musk said. “I would have filed a lawsuit sooner if I thought they had stolen the charity sooner.”

Sources

Jury tosses Elon Musk’s lawsuit against OpenAI and Sam Altman

Jury throws out Musk’s lawsuit against OpenAI and Sam Altman

Jury unanimously dismisses Elon Musk’s lawsuit against OpenAI due to statute of limitations

Musk loses OpenAI court battle after jury finds he waited too long to sue

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