Musk seeks up to $134B from OpenAI and Microsoft

By Tahani Elghazaly
Published January 17, 2026

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Elon Musk is seeking up to $134 billion in damages from OpenAI and Microsoft, arguing the companies obtained "wrongful gains" because of his early support when OpenAI was formed, according to a court filing submitted on Friday, January 16, 2026.

In the filing, Musk cited an economic expert’s estimates that OpenAI benefited by between $65.5 billion and $109.4 billion from his contributions, while Microsoft benefited by between $13.3 billion and $25.1 billion, bringing the total damages sought to as much as $134 billion. The expert analysis points to Musk’s early involvement, including about $38 million in seed funding, help with recruiting staff, and the credibility associated with his name.

OpenAI and Microsoft have rejected the allegations, calling the case baseless, and have challenged the reliability of Musk’s expert estimates, arguing the figures are unverifiable and could mislead a jury. The dispute centers on Musk’s claim that OpenAI departed from its original nonprofit mission through its later structure and partnership arrangements, with a jury trial expected in April 2026.