Elon Musk took his time filing a case against Sam Altman and OpenAI regarding his claim that the original plan and basis for his investment was to maintain OpenAI as a non-profit research organization. The organization was originally formed in 2015. It was not until 2024 that Elon Musk filed suit alleging over $150 billion in damages by transitioning the company from a non-profit to a for-profit company. Musk claimed that OpenAI’s partnership with Microsoft violated the original agreement, and he made multiple claims of dishonest behavior by Sam Altman. Altman and OpenAI responded, stating that Musk’s contribution was a charitable donation, not an investment, and that he was aware of and did not object to the company’s shift toward a for-profit model.

The case went to trial in April and was one of the most closely watched disputes given the prominence of the parties. Once the jury was given the case for deliberation, a quick decision was made on the timeliness of the filing and none of the merits were considered. The jury found that the case was filed too late and entered a verdict in favor of Sam Altman and OpenAI. While Musk will likely appeal the decision, this case is a powerful reminder of the importance of acting promptly to protect business interests when disputes arise.

This theme is reinforced in our recent IAM Patent article, “The cost of waiting: why speed often wins in trade secret disputes,” which examines trends in Defend Trade Secrets Act cases and related state-law claims, including the practical importance of timely filing. As the article highlights, waiting too long can result in lost claims, faded memories, and dispersed evidence—often before a court ever reaches the merits.