Elon Musk opposes OpenAI’s attempt to exclude Musk’s damages expert Dr. Wazzan from opining on estimate of Musk’s contribution to OpenAI’s business. Wazzan estimates 50-75% Musk contribution, valued at up to $109.43 billion owed to Musk.

Elon Musk opposes OpenAI’s motion to exclude 3 opinions of Musk’s damages expert, the biggest of which Dr. Wazzan’s estimate that Musk contributed 50 to 75% of the value of OpenAI and therefore should recover up to $109.43 billion of disgorgement for OpenAI’s ill-gotten gains derived from allegedly defrauding Musk.

Musk alleges that OpenAI fraudulently told him they were building a nonprofit focused on safety of AI for the public good, but Sam Altman and Greg Brockman were really plotting to turn the nonprofit into a for-profit company. Brockman, for example, had dreams of becoming a billionaire–tough to do at a nonprofit.

Musk alleges that he was the biggest early funder of OpenAI and gave the research initiative instant credibility and appeal to recruit top researchers to join due to Musk’s association. Later Altman and Brockman pulled a financial and fraudulent bait-and-switch, the Complaint alleges: “after Musk lent his name to the venture as its co-chairman, invested significant time, tens of millions of dollars in seed capital, and recruited top AI scientists for OpenAI, Inc., Musk and the non-profit’s namesake objective were betrayed by Altman and his accomplices….As a result of their unlawful actions, Defendants have been unjustly enriched to the tune of hundreds of billions of dollars in value, while Musk has been conned along with the public.”

But after Musk lent his name to the venture as its co-chairman, invested significant time, tens of millions of dollars in seed capital, and recruited top AI scientists for OpenAI, Inc., Musk and the non-profit’s namesake objective were betrayed by Altman and his accomplices….

As a result of their unlawful actions, Defendants have been unjustly enriched to the tune of hundreds of billions of dollars in value, while Musk has been conned along with the public.
Second Amended comlaint in musk v. altman

In her ruling on summary judgment, Judge Gonzalez Rogers concluded that internal emails of OpenAI and Brockman’s own diaries provided sufficient evidence, albeit circumstantial, to support Musk’s claims. The case must be decided by a jury.