In a ruling issued Tuesday, U.S. District Judge Yvonne Gonzalez Rogers said OpenAI had presented allegations substantial enough to move forward in its case, which centers on claims that Musk engaged in a “years-long harassment campaign” against the San Francisco–based startup.
The dispute stems from Musk’s departure from OpenAI in 2018, years before the company’s ChatGPT system catapulted it to global prominence. In 2024, Musk sued OpenAI and CEO Sam Altman, alleging the organization had abandoned its original nonprofit mission of developing artificial intelligence “for the good of humanity” in favor of pursuing profits through a for-profit arm.
OpenAI fired back in April with a countersuit, accusing the Tesla and SpaceX CEO of fraudulent business practices under California law. The company alleged that Musk attempted to undermine its operations through public criticism, social media attacks, legal claims, and even “a sham bid for OpenAI’s assets.”
Musk’s legal team sought to have those counterclaims dismissed or delayed, arguing they were either unfounded or premature. But OpenAI countered in May that the claims should proceed without delay. On Tuesday, Judge Rogers sided with OpenAI, ruling that the allegations were “legally sufficient” to proceed to trial.
The decision sets the stage for what is likely to be a high-profile courtroom battle between two of the most recognizable names in the technology industry. A jury trial is scheduled for spring 2026.