Elon Musk's lawsuit against OpenAI set for jury trial in May 2026

Elon Musk’s lawsuit against OpenAI is heading for a jury trial in the spring of 2026, a judge has ruled.
The billionaire’s case against the artificial intelligence pioneer he co-founded in 2015 is set for a courtroom showdown in just over two years, according to the latest scheduling order from U.S. District Court Judge Yvonne Gonzalez Rogers.
The case revolves around Musk’s claims that OpenAI has strayed from its original mission to develop artificial intelligence in a way that benefits humanity, and instead prioritised corporate profit. OpenAI and its CEO Sam Altman deny that allegation.
Musk left OpenAI before it grew into a powerhouse and later founded his own competing startup called xAI in 2023. He’s also recently been involved in an acquisition where xAI bought his social media company X for $33 billion.
The trial date, set for May 2026, comes after Musk and OpenAI agreed to expedite the schedule to resolve the case concerning the company’s shift to a for-profit model. OpenAI argues that this is essential to raising capital and remaining competitive in the costly AI sector.
Currently, OpenAI is attempting to raise up to $40 billion. It has a $10 billion investment from SoftBank lined up for mid-April and another $30 billion on the table – but only if the company transitions to for-profit status by the end of the year.
Altman has previously rebuffed a $97.4 billion takeover bid from a consortium led by Musk, replying: “no thank you.”