A federal judge weighed in Tuesday on a long-brewing legal feud between billionaires Elon Musk and Sam Altman over OpenAI, suggesting she’s unlikely to halt the company’s plan to restructure for now.

A federal judge signaled Tuesday that some parts of Elon Musk’s lawsuit attempting to block Sam Altman-led OpenAI from becoming a for-profit entity could go to trial – and said Musk would have to personally take the stand and testify.

Elon Musk and OpenAI CEO Sam Altman are fighting on X about Stargate, the infrastructure project to build data centers for OpenAI in the U.S.

A preliminary injunction stopping OpenAI’s conversion to a for-profit company is unlikely in a case of “billionaires versus billionaires,” said the judge.

The injunction Musk asked for would freeze OpenAI's transformation to a more conventional, public benefit for-profit company, just as it's in talks to raise as much as $40 billion in a funding round

The latest spat began after Altman joined Trump, SoftBank CEO Masayoshi Son, and Oracle Chairman Larry Ellison in a White House ceremony on Tuesday to announce the launch of Stargate, a $500 billion venture to advance the United States’ artificial intelligence infrastructure.

Tesla Inc CEO Elon Musk earlier this week leveled allegations against OpenAI CEO Sam Altman, accusing him of misleading statements about a $10 billion equity agreement.

Elon Musk's lawsuit against OpenAI's transition to a for-profit entity may go to trial, as ruled by U.S. District Judge Yvonne Gonzalez Rogers. Musk co-founded OpenAI with Sam Altman but left before its rise.

Elon Musk, the eccentric but undeniably influential CEO of Tesla and SpaceX, has recently found himself at odds with some influential figures in the financial

Musk’s request to block OpenAI’s conversion is the latest move in a grudge match between the world's richest person and OpenAI CEO Sam Altman.