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Musk, OpenAI Lawyers to Face Off Over $109 Billion Claim

DATE POSTED:March 13, 2026

On Friday morning, lawyers representing Elon Musk, OpenAI and Microsoft will file into a federal courtroom in Oakland, Calif., where a judge will resolve some crucial questions that remain outstanding before Musk’s lawsuit against OpenAI goes to a trial next month. Among them: whether Musk can rely on the testimony of his damages expert, an economist who says OpenAI could be on the hook for up to $109 billion if it loses the case.

The size of that potential payout from OpenAI, amounting to more than three times the ChatGPT maker’s expected revenue this year, highlights the damage the lawsuit could inflict on OpenAI as Musk presses forward with his own AI company, xAI. The suit has already dredged up disputes, rivalries and mud-slinging among Silicon Valley’s most high-profile founders, some of whom are expected to take the stand after the trial starts April 27.