The ruling was issued by US District Judge Von Gonzalez Rogers in Oakland, California.
Jury selection is scheduled to begin Monday, and opening arguments are expected Tuesday.
Musk said that dismissing his fraud and constructive fraud claims, which he proposed, would streamline the case and allow judges to focus on their goal of ensuring that OpenAI benefits humanity rather than becoming a “wealth machine.”
The case centers on Musk’s claims that OpenAI, Altman and Microsoft, one of OpenAI’s largest investors, conned him and the public by creating a for-profit entity in 2019 after he left OpenAI’s board.
OpenAI is preparing for a possible initial public offering that could be valued at $1 trillion, Reuters reported.
According to a person involved in the case, Musk is seeking $150 billion in damages, with proceeds going to OpenAI’s charitable arm.
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