May 28, 2026

The high-profile courtroom battle between Musk and OpenAI may have reached a major turning point after a decisive jury verdict

After the verdict, however, Steven Molo, the lead attorney for Musk in the case, told the judge that he wanted to “preserve my client’s right to appeal,” leaving open the possibility that Musk will attempt to undo the jury’s finding.

Advertisement

Outside the courtroom, another lawyer for Musk, Marc Toberoff, said: “This war is not over, and I’d sum it up in one word, appeal.”

Should Musk decide to appeal, Tobias said the case would likely end up “being dragged out for a while.”

Advertisement

But Musk may be unlikely to win there, too.

“The bottom line is that an appeals court would be very unlikely to overturn such a fact-specific decision from a jury, and a judge who agreed with it.”

Advertisement
Advertisement
Share on Facebook