A California jury has dismissed Elon Musk’s high-stakes lawsuit against OpenAI and Microsoft, ruling that his claims regarding the company’s restructuring into a for-profit entity were barred by the statute of limitations
An Oakland, California jury ruled on Monday that Elon Musk waited too long to sue OpenAI and its leadership, deciding the lawsuit was barred by the statute of limitations. Following 90 minutes of deliberation, the jury issued an advisory verdict that was promptly confirmed by Judge Yvonne Gonzalez Rogers. Commenting on the decision, Judge Rogers stated, “The court now confirms the prior indication that it would accept the jury’s findings as its own,” adding, “I think that there’s a substantial amount of evidence to support the jury’s finding, which is why I was prepared to dismiss on the spot.”
The verdict delivers a major legal victory to OpenAI CEO Sam Altman, president Greg Brockman, and co-defendant Microsoft. Musk originally filed the suit alleging OpenAI “stole a charity” by shifting to a for-profit structure. OpenAI’s attorneys successfully argued that Musk was aware of the corporate behavior as early as 2021, rendering the claims untimely. During the trial, Musk expressed regret over his initial $38 million contribution, telling the court, “I was a fool,” and adding, “I gave them free funding to create a startup.”
A spokesperson for Microsoft welcomed the resolution, stating, “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.”

