Elon Musk is seeking up to $134 billion in damages from OpenAI and Microsoft, claiming he is entitled to the “wrongful gains” the two companies allegedly earned as a result of his early involvement in the artificial intelligence startup, according to a court filing.
Musk argues that OpenAI generated between $65.5 billion and $109.4 billion from his contributions during its early years, while Microsoft benefited by an estimated $13.3 billion to $25.1 billion. The figures were disclosed in a federal court filing submitted on Friday ahead of a trial involving both companies.
Representatives for OpenAI, Microsoft and Musk did not immediately respond to requests for comment outside regular business hours. OpenAI has previously dismissed the lawsuit as “baseless,” characterising it as part of a campaign of harassment by Musk. A Microsoft lawyer has also stated there is no evidence the company “aided and abetted” any wrongdoing by OpenAI.
Musk, who co-founded OpenAI in 2015 but left the organisation in 2018, now leads rival AI firm xAI, which develops the chatbot Grok. He alleges that OpenAI breached its original mission by restructuring into a for-profit entity.
Earlier this month, a judge in Oakland, California, ruled that the case will proceed to a jury trial, which is expected to begin in April.
According to the filing, Musk contributed approximately $38 million—around 60% of OpenAI’s early seed funding—and played a key role in recruiting staff, connecting the founders with influential contacts and lending credibility to the venture at its inception.
The filing compares Musk’s claim to that of an early-stage investor whose initial contribution later generates outsized returns, arguing that the gains earned by OpenAI and Microsoft far exceed Musk’s original investment and should therefore be returned to him.
The valuation of Musk’s contributions was calculated by his expert witness, financial economist Paul Wazzan, the filing states.
Musk may also seek punitive damages and other remedies, including a possible injunction, should the jury find either company liable. The filing does not specify what form any injunction would take.