The 53-year-old billionaire - who is an OpenAI co-founder and donated approximately $45 million to get the artificial intelligence research organisation off the ground in November 2023 - began taking legal action against its 40-year-old CEO, the company itself and its biggest supporter, Microsoft, in 2024.

It comes as Elon claims OpenAI is continuing to pursue its ambition to turn from a non-profit to a for-profit corporation - which the Tesla boss thinks the move is a breach of the terms of his previous donations to the firm and fraud.

Musk also requested a preliminary injunction - a temporary court order that prevents any changes or disruptions to a case before the court decides on it - to stop OpenAI's conversion.

However, a judge declined this in March but agreed to accelerate the trial - which is scheduled to take place in March 2026.

As well as that, Judge Yvonne Gonzalez Rogers, of the Northern District of California, rejected some parts of the case - including Elon's breach of contract claims - on Thursday (01.05.25), but she was satisfied that Musk has made adequate allegations against OpenAI and Altman, and she is keeping the fraud allegations alive.

In her ruling - which OpenAI can appeal against - Judge Rogers said: "Musk adequately alleges that the defendants promised to maintain OpenAI’s non-profit status and structure in order to obtain his contributions, and that they intended to do so in order to obtain the capital needed to create a for-profit venture to enrich themselves.

"Although there is no express contract, Musk adequately pleads in the alternative that there is an implied-in-fact contract."