[DigitalToday reporter Chi-gyu Hwang] Elon Musk said he would appeal after losing a lawsuit he filed against OpenAI.

On May 18, Business Insider reported that Musk, in a post on social media platform X, said the ruling was not on the merits but was based on procedural issues, and made clear he would appeal.

Musk said the judge and jury did not rule on the substance of the case and only addressed a deadline issue. He also said it is clear that Sam Altman and Brockman took over a charity and profited personally, and that the issue is when that happened, the report said.

Earlier, a jury in Oakland, California, found that Musk waited too long to file the lawsuit. U.S. District Judge Yvonne Gonzalez Rogers, who handled the case, immediately accepted the unanimous verdict.

In a separate post, Musk criticised the judge overseeing the trial, saying the decision set a bad precedent. He did not mention the judge by name, but argued it effectively granted a licence to plunder a charity as long as it is kept quiet for several years.

The lawsuit was also a major burden for OpenAI and Sam Altman. If Musk had won, OpenAI and Altman could have faced liability for damages worth billions of dollars, and Musk demanded that Altman be removed as chief executive.

At trial, lawyers for OpenAI and Altman presented evidence that Musk knew about and supported fundraising plans. They said Musk knew about a plan to raise funds through partnerships with other large tech companies and at one point pushed to build ties between OpenAI and Tesla. They also argued that Musk's lawsuit was a belated attempt to rein in OpenAI after it had pulled far ahead of xAI.