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Elon Musk’s $134bn claim against OpenAI rests on ‘numbers out of the air’, judge says

California court questions billionaire’s expert witness but declines to exclude the testimony from April trial

The judge in Elon Musk’s more than $130bn lawsuit against OpenAI and Microsoft has suggested the billionaire’s claim for damages is based on “numbers out of the air”, but ruled he can still make his case to a jury.

Lawyers for OpenAI, at a hearing on Friday, tried to convince Judge Yvonne Gonzalez Rogers to dismiss evidence from an expert witness to support Musk’s claim for $134bn in damages.

The world’s richest man argues OpenAI and chief executive Sam Altman defrauded him by abandoning its non-profit roots after he had made charitable donations to the AI lab a decade ago. A trial is set for April.

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