OpenAI filing says Musk sought settlement talks before trial; judge excludes texts from evidence

Elon Musk proposed settlement talks with OpenAI president and co-founder Greg Brockman two days before the Musk v. OpenAI trial began, according to a May 4, 2026 court filing submitted by OpenAI’s lawyers.

The filing describes a text exchange in which Brockman replied by suggesting both sides drop their respective lawsuits. Musk then warned that Brockman and OpenAI CEO Sam Altman would become “the most hated men in America” if they insisted on proceeding.

OpenAI’s legal team sought to introduce the exchange as evidence, arguing it was relevant to whether Musk’s lawsuit is driven by financial demands rather than AI safety concerns. The presiding judge, however, ruled the settlement-related texts inadmissible.

Musk’s lawsuit seeks to unwind OpenAI’s for-profit structure, require its technology be made available to the public, invalidate Micrososources’s licensing agreement, and seek various damages and legal fees.

The trial is continuing, though the judge’s decision to exclude the text exchange limits its role in the proceedings.