The headline “Elon Musk will have to answer OpenAI’s harassment claims in court” referred to an August 12, 2025 ruling, not a present-tense court order. U.S. District Judge Yvonne Gonzalez Rogers allowed two OpenAI counterclaims against Musk and xAI to continue. Musk later testified in the federal trial in April 2026, while a jury rejected his own claims as untimely on May 18, 2026. The available public materials do not establish the final disposition of OpenAI’s separate counterclaims.
What the judge decided on August 12, 2025
Judge Gonzalez Rogers denied Musk’s attempt to dismiss two counterclaims filed by OpenAI: a claim under California’s Unfair Competition Law and a claim for tortious interference with prospective economic advantage. The order also addressed parts of Musk’s amended complaint. The order is available in the court’s PDF (read the order) and a searchable reproduction is available from FindLaw.
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This was a pleading-stage decision, not a verdict. On a motion to dismiss, the court generally asks whether the pleaded facts, assumed true for that limited purpose, could support a legally viable claim. OpenAI still would have needed evidence, discovery and proof of every required element. The ruling did not find that Musk harassed OpenAI, award damages or impose liability.
What OpenAI alleged Musk did
OpenAI described Musk’s conduct as a “years-long harassment campaign.” That wording came from OpenAI’s litigation position and the court’s description of the allegations, rather than an independent finding that Musk committed legal harassment. OpenAI’s theory included several forms of conduct:
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- Lawsuits against OpenAI and its executives.
- Public criticism of OpenAI’s move away from its original nonprofit structure.
- Social-media posts and statements to news organizations.
- Conduct OpenAI said damaged its reputation, business relationships and competitive position.
- Musk’s development of xAI, which OpenAI treated as a competing business interest.
OpenAI alleged that the campaign threatened competition, included false or misleading statements and disrupted a business relationship, producing economic harm. The allegations are described in the August 2025 order. Bloomberg’s contemporaneous account called the ruling a loss for Musk’s effort to dismiss the claims (Bloomberg).
Why OpenAI filed counterclaims
Musk was the plaintiff in the federal case. A counterclaim is a claim brought by a defendant against the plaintiff in the same lawsuit. OpenAI argued that Musk’s lawsuits and public campaign were more than ordinary criticism or good-faith litigation. It said they were intended to:
- Disrupt OpenAI’s business relationships.
- Damage the company’s competitive standing.
- Mislead customers or the public.
- Advance Musk’s interests as xAI’s owner.
- Create leverage in the fight over OpenAI’s corporate structure.
Those were OpenAI’s alleged motives and legal theories. Musk’s ownership of xAI supplied the competitive context, but it did not by itself prove that any unlawful interference occurred.
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What Musk was suing OpenAI over
Musk’s federal complaint alleged that OpenAI, Sam Altman, Greg Brockman and related entities abandoned the organization’s original nonprofit and public-benefit mission by pursuing a profit-driven structure and limiting access to valuable AI technology. The Northern District of California summarizes his position as an allegation that he helped found and fund OpenAI as a nonprofit focused on safe AI and broad sharing, but that the organization later shifted toward a commercial structure benefiting Microsoft and affiliated entities. The case was filed on August 5, 2024; the court’s case page is here.
His theories included fraudulent inducement, breach-related claims, unjust enrichment and improper conversion of OpenAI’s structure. OpenAI’s counterclaims turned the same dispute into a two-sided case: Musk challenged OpenAI’s governance and business transformation, while OpenAI challenged Musk’s methods and alleged competitive purpose.
What Musk argued in response
Musk sought dismissal of OpenAI’s counterclaims before discovery and trial. In substance, he argued that OpenAI was trying to convert his legal and public challenges into unlawful conduct and that the pleaded allegations did not satisfy the legal requirements for the claims. He disputed OpenAI’s characterization of his conduct.
The August 2025 ruling did not decide whether those defenses would ultimately succeed. It decided only that OpenAI had pleaded enough for the claims to remain in the case.
Did Musk have to testify personally?
Not because the August 2025 order expressly ordered him to take the stand. “Will have to answer in court” was a news-style description of the practical consequences of continued litigation, not quoted language compelling a personal appearance.
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Musk nevertheless did testify in the broader federal trial in Oakland. Trial coverage reports that he testified from April 28 through April 30, 2026, and the federal court provided audio-only access beginning May 4. The court’s trial announcement is available here; the Associated Press reported on his testimony (AP).
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What happened to Musk’s lawsuit
On May 18, 2026, a nine-person federal jury found that Musk had waited too long to bring his core claims against OpenAI and its leaders. Judge Gonzalez Rogers accepted the verdict and dismissed Musk’s claims. The result ended his effort in that case to obtain major relief, including changes to OpenAI’s corporate structure and potentially substantial damages. Reports from the Associated Press and Axios describe the verdict.
A statute-of-limitations verdict resolved Musk’s claims because of filing timing. It did not necessarily decide every factual dispute about OpenAI’s founding commitments or restructuring. It also did not establish that OpenAI won its counterclaims.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What is still unknown about OpenAI’s counterclaims?
The August 2025 order clearly allowed the unfair-competition and tortious-interference claims to proceed. As of August 18, 2026, the public materials available for this article do not reliably show whether those counterclaims were later tried, dismissed, settled or remain pending.
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Timeline of the dispute
| Date | Event |
|---|---|
| 2015 | OpenAI was founded, with Musk among its early co-founders. |
| February 29, 2024 | Musk first filed a state-court lawsuit, according to the later federal litigation record. |
| August 5, 2024 | Musk filed the federal case in the Northern District of California. |
| August 12, 2025 | Judge Gonzalez Rogers denied Musk’s motion to dismiss OpenAI’s counterclaims. |
| April 28–30, 2026 | Musk testified during the federal trial in Oakland. |
| May 18, 2026 | The jury found Musk’s claims untimely; the judge accepted the verdict and dismissed them. |
| August 18, 2026 | The later status of OpenAI’s counterclaims was not established by the public materials reviewed. |
Why the ruling matters beyond this case
The order illustrates how disputes over AI governance can combine corporate law, competition and public communications. A nonprofit-to-commercial transition raises questions about founders’ expectations and fiduciary obligations. At the same time, litigation, social-media criticism and press statements can become evidence in a counterclaim when a company alleges they were designed to disrupt relationships or gain a competitive advantage.
The legal boundary is fact-specific. Protected criticism and legitimate lawsuits are not automatically unlawful interference. OpenAI would have needed to prove the elements of its pleaded claims, not merely show that Musk criticized the company or competed with it.
Frequently Asked Questions
Did a judge rule that Elon Musk harassed OpenAI?
No. The judge allowed OpenAI’s unfair-competition and tortious-interference counterclaims to proceed past the motion-to-dismiss stage. That ruling was not a finding of harassment or liability.
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No. The jury found Musk’s own claims untimely. That verdict does not, by itself, resolve OpenAI’s separate counterclaims.
The Bottom Line
The 2025 order kept OpenAI’s counterclaims alive; it did not establish wrongdoing. Musk has since testified, and his claims were dismissed as untimely in May 2026. The final status of OpenAI’s counterclaims requires a current docket or final order.
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