Elon Musk’s move to immediately block Sam Altman from restructuring OpenAI faltered in federal court, with a judge saying she was reluctant to issue such an order in a case pitting “billionaires versus billionaires.

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.

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