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Elon Musk arrives to court at the Ronald V. Dellums federal building in Oakland, Calif., last Thursday.Benjamin Fanjoy/Getty Images

Elon Musk contacted OpenAI president Greg Brockman to gauge interest in a settlement two days before their high-stakes trial got under way in Oakland federal court, according to a new court filing.

When Brockman suggested both sides drop their claims, Musk allegedly said, “By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be,” the filing, made on Sunday, stated.

The exchange is the latest flashpoint in a lawsuit that has already grown combative inside the courtroom. The SpaceX founder testified on Thursday that he did not read the fine print of a 2017 term sheet related to OpenAI’s shift from a non-profit to a for-profit structure, only its headline.

Musk is suing OpenAI alleging that its shift to a for-profit structure betrayed its original non-profit mission to develop safe AI technology for the public good and that the company’s leaders wrongfully profited from his charitable contributions.

The SpaceX founder is seeking changes to OpenAI’s leadership and US$150-billion in damages from OpenAI and Microsoft, one of its largest investors. The trial before U.S. District Judge Yvonne Gonzalez Rogers in Oakland, Calif., began on April 28 and is expected to last several weeks, with a verdict possible by mid-May.

Altman, Brockman and Microsoft chief Satya Nadella are expected to testify later this month.

Musk, his lawyer, and OpenAI did not immediately respond to Reuters’ requests for comment.

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