In the Musk v. OpenAI case, the jury ruled in favor of OpenAI and Altman. However, Musk's side emphasized that the court never made a ruling on the substantive content of the case, but dismissed the claim only due to the statute of limitations.

Musk then announced that he would appeal to the Ninth Circuit Court of Appeals.

His lawyer, Toberov, stated that the core dispute in the case has never been definitively resolved—"You can't raise public subsidies under the guise of a non-profit charity and then directly convert them into a profit-making business when it's in your favor, allowing management to reap billions of dollars in benefits." Toberov added, " This battle is not over yet ."