Elon Musk has escalated his legal battle against OpenAI and Microsoft, seeking up to $134 billion in alleged “wrongful gains” tied to his early involvement in the artificial intelligence company. In a court filing submitted on Friday, Musk argued that both companies benefited enormously from his foundational support of OpenAI and should be required to disgorge those gains.

According to the filing, OpenAI is estimated to have gained between $65.5 billion and $109.4 billion from Musk’s early contributions, while Microsoft’s gains are pegged between $13.3 billion and $25.1 billion. Musk co-founded OpenAI in 2015 and claims he provided around $38 million—roughly 60 per cent of its initial seed funding—along with strategic guidance, recruitment support, and industry credibility.

Musk alleges that OpenAI violated its founding mission by restructuring itself into a for-profit entity, a move he says fundamentally contradicts its original commitment to developing artificial intelligence for the public good. After leaving OpenAI in 2018, Musk went on to launch xAI, which now directly competes with OpenAI through its chatbot, Grok.

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OpenAI has dismissed the lawsuit as “baseless,” describing it as part of a broader harassment campaign by Musk. Microsoft has also rejected the claims, with its legal representatives stating there is no evidence the company “aided or abetted” any alleged misconduct by OpenAI. Neither company issued immediate responses following the latest filing.

Earlier this month, a federal judge in Oakland, California, ruled that the case would proceed to a jury trial, which is expected to begin in April. The filing includes analysis by financial economist C. Paul Wazzan, who calculated the alleged gains attributed to Musk’s early involvement in the venture.

In addition to monetary damages, Musk may seek punitive damages and other penalties, including a potential injunction against the companies if liability is established. While the precise form of such an injunction remains unspecified, the case is shaping up to be one of the most high-profile legal disputes in the rapidly evolving AI industry.

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