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.

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

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.

Lawyers for Elon Musk and ChatGPT maker OpenAI are set to butt heads in the courtroom on Tuesday as a judge will hear arguments on Musk’s lawsuit to halt OpenAI’s conversion to a for-profit entity. 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 that is playing out publicly in court.

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