In February, Musk sued OpenAI, Altman and Brockman — OpenAI’s current CEO and president, respectively — for breach of contract and fiduciary duty.

A hearing was scheduled for Wednesday in San Francisco, where judges were going to consider whether the case should be dismissed as requested by the defendants.

Experts told CNBC in March That the suit was built on a questionable legal basis, as the contract at the heart of the suit was not a formal written agreement signed by all parties.

Rather, Musk alleged that the initial OpenAI team set out to develop Artificial General Intelligenceor AGI, “For the Benefit of Humanity,” but that the project has been transformed into a for-profit entity controlled by a majority of principal shareholders. Microsoft.

Musk used much of the 35-page complaint (plus attached exhibits) that he filed in March to remind the world of his place in shaping a company that has since has become one of the most popular startups on the planet, (Open AI is number one on NBC. List of 50 Disruptors in 2023) largely thanks to the viral spread of ChatGPT.

“It’s definitely a good advertisement for Elon Musk’s benefit,” Kevin O’Brien, a partner at Ford O’Brien Landy LLP and a former assistant U.S. attorney, told CNBC at the time. “I’m not sure about the legal part though.”

Last year, Musk debuted his own AI startup and OpenAI competitor, xAI, which launched last month. announced A $6 billion Series B funding round. Investors included Andreessen Horowitz, Sequoia Capital and Fidelity Management & Research Company.

X.AI seeks to “understand the true nature of the universe,” according to its website. Last year, X.AI released a chatbot called Grok, which the company says is modeled after “The Hitchhiker’s Guide to the Galaxy.” The company claims that the chatbot started with two months of training and has real-time knowledge of the Internet.

Representatives for Musk and Altman did not immediately respond to a request for comment.

CNBC’s Laura Kolodny contributed to this report.

Correction: The lawsuit was filed in February. An earlier version of this story misstated the month.

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