Elon Musk suffered the worst defeat possible in his legal battle against OpenAI as a federal jury and a judge ruled he waited too long to bring his claims against the AI startup and its top executives, Sam Altman and Greg Brockman. While the jury’s decision was a nonbinding recommendation sent to US district judge Yvonne Gonzalez Rogers, she immediately accepted it as her own, making it final. Musk’s lead trial attorney, Steven Molo, told the judge, “Our intention is to appeal.” One of his other attorneys, Marc Toberoff, gave a one-word comment to reporters walking out of the courtroom: “Appeal.” He later said the verdict reminded him of American Revolutionary War moments like the Siege of Charleston and the Battle of Bunker Hill. “These were major losses for Americans, but who won the war?” Toberoff said. “And this one is not over.” OpenAI’s attorneys hugged in the courtroom after the verdict was read. William Savitt, the company’s lead litigator, told reporters that the “overwhelming” amount of evidence presented in the case allowed the jury to act quickly. “The evidence that Mr. Musk’s lawsuit was an after-the-fact contrivance by a competitor was overwhelming,” he said. Throughout the trial, Gonzalez Rogers questioned Musk’s motivation for fighting OpenAI. But she concluded on Monday that the three-week global public spectacle had been worthwhile. “I thought it was an important issue to be tried … for us to have a trial to bring clarity,” she told attorneys for both parties. “There’s a substantial amount of evidence to support the jury’s findings, which is why I was prepared to accept the jury’s findings and dismiss on the spot.” The nine-member panel delivered the unanimous verdict in an Oakland, California, courtroom on Monday after deliberating for under two hours. They found that statutes of limitations expired well before Musk filed his lawsuit in 2024. Musk had hoped to persuade the jury that Altman and Brockman, with the help of Microsoft’s cash, tr