On May 15, according to CNBC, Elon Musk’s case against OpenAI entered the closing argument stage on Thursday. However, Musk was unable to attend the trial because he accompanied US President Trump on his visit to China. His lawyer apologized for this.
Musk in Beijing
Musk's lead attorney, Steven Molo, apologized to the jury for Musk's absence during Thursday's trial. "This is something that he is very involved in and cares about very much." Morrow assured the jury, indicating that although Musk failed to appear in court, he still paid close attention to the progress of the case.
According to NBC reports, Judge Yvonne Gonzalez Rogers in this case has previously placed Musk on "recall status," which means that he must be prepared to return to the court to testify at short notice if necessary. Musk has testified in the first week of the trial.
Normally, if witnesses in a trial need to travel far away, they must first submit an application and obtain the judge's approval before they can leave. A spokesman for the court said they did not know whether Musk had permission to travel. Musk's legal team also did not respond to whether they had obtained the judge's consent or communicated with Musk himself regarding Musk's travel.
OpenAI CEO Sam Altman and President Greg Brockman were in court Thursday in Oakland.
OpenAI attorney William Savitt also mentioned Musk's absence during closing arguments. "Musk is not here today, but my clients are," he said. "They are here because they care about this."
The trial stems from a lawsuit filed by Musk against Altman and Brockman. Musk accused the two of breaking a promise to keep the company as a nonprofit and improperly benefiting themselves through a business restructuring.