Elon Musk waited too long to sue OpenAI and its leaders, a jury in Oakland, California, decided on Monday. A lawsuit he filed was barred by the statute of limitations, the jury found after about 90 minutes of deliberation.

Their verdict was advisory, but Judge Yvonne Gonzalez Rogers said she agrees with the jury.

“The court now confirms the prior indication that it would accept the jury’s findings as its own,” Rogers said.

“I think that there’s a substantial amount of evidence to support the jury’s finding, which is why I was prepared to dismiss on the spot,” she added in court on Monday.

Musk helped cofound and fund OpenAI, giving $38 million in its early years. He sued CEO Sam Altman, company president Greg Brockman, and OpenAI in February 2024, alleging that they “stole a charity” when they shifted to a structure that includes a for-profit arm.

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