On May 14, 2026, in Oakland, California, OpenAI CEO Sam Altman arrives in federal court as the trial of Elon Musk’s lawsuit over OpenAI’s commercialization continues.
Manuel Orbegoso | Reuters
The first phase of the Musk v. Altman trial concluded Thursday in federal court in Oakland, California, after lawyers for Elon Musk and OpenAI made closing arguments to the jury.
The nine-member jury, six women and three men, will begin deliberations on Monday. The jury’s verdict will be advisory, meaning Judge Yvonne Gonzalez Rogers will make the final determination of liability.
“You must decide your case solely on the evidence before you,” Gonzalez-Rogers told jurors as he read formal instructions Thursday morning. “You will remember that you swore to do so.”
In 2024, Musk sued OpenAI, its CEO Sam Altman, and its president Greg Brockman, alleging that they backtracked on their promise to keep the artificial intelligence startup nonprofit and unfairly enriched themselves. Musk, who co-founded OpenAI with Altman and Brockman in 2015, claims that about $38 million he donated to the company was used for unauthorized commercial purposes.
During Thursday’s proceedings, Musk’s lawyer Stephen Moro reiterated his claims that OpenAI failed to open source its technology, prioritize the safety of its AI, and follow nonprofit practices and practices. He also said that Altman, Brockman, and OpenAI insiders and investors microsoftmade us rich at the cost of masks.
OpenAI’s lawyers, Sarah Eddy and William Savitt, denied Moro’s statements Thursday. They said Mr. Altman and Mr. Brockman never made any promises to Mr. Musk about OpenAI’s corporate structure, and that Mr. Musk’s donations were used and used appropriately. They also tesla And SpaceX’s CEO filed his first lawsuit after launching xAI, a competing AI startup.
“He didn’t care about nonprofits at all,” Eddy told jurors. “All he cared about was winning.”
microsoft The company is also named as a defendant in the lawsuit, and attorney Russell Cohen delivered the company’s closing argument to the jury. Musk accused Microsoft, OpenAI’s major investor, of aiding and abetting the company’s alleged charitable trust violations. Cohen said Microsoft knew nothing about these events and would not have participated.
William Savitt, lead attorney for OpenAI and Sam Altman, speaks to reporters outside the Ronald V. Delmes U.S. Courthouse during the third day of the Elon Musk vs. OpenAI trial in Oakland, California, April 29, 2026.
Amy Osborne | AFP | Getty Images
When the jury begins deliberations on Monday, the second phase of the trial, known as the relief phase, will also begin.
Gonzalez-Rogers will hear arguments about potential damages and next steps if OpenAI, Altman and Brockman are found liable. The jury will not consider this step.
Musk has sought a variety of outcomes since the lawsuit was first filed in 2024. It recently asked a judge to remove Altman and Brockman from their roles at OpenAI and consider lifting the company’s recapitalization in 2025.
In January, Musk’s lawyers said their client was entitled to up to $134 billion in damages from OpenAI and Microsoft, calling them “unjust enrichment.” His team is now arguing that the “ill-gotten gains” should be returned to the OpenAI Foundation.
Only if liability is established will a decision be made at the relief stage.
Gonzalez-Rogers has presided over high-profile technology cases in the past, which may explain why she chose to work with an advisory jury.
“Judges typically disable advisory jurors when they want a juror’s social judgment or when they want them to ‘cover up’ in a highly visible case,” Stephen Byker McKee, an associate professor of law at Duquesne University, told CNBC.
Former President Barack Obama appointed Gonzalez-Rogers to the U.S. District Court for the Northern District of California in 2011, where she previously oversaw the antitrust case between Epic Games and Apple.
Gonzalez-Rogers showed little patience for any of the lawyers’ shenanigans during the first phase of Musk v. Altman, repeatedly scolding representatives for both parties when they stepped out of line.
“I assure you, you don’t want to be insulted,” she warned one lawyer Tuesday.
But Gonzalez-Rogers was warm and friendly to jurors, cracking jokes and even bringing them chocolates. She concluded Thursday’s trial by reminding jurors that lunch would be provided during deliberations.
—CNBC’s Kate Rooney contributed to this report.
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