I wonder if Elon ever expected to win, or even cared about winning. It's been obvious for a while that OpenAI becoming for-profit historically wasn't really an issue for him, despite what he says in public these days. I imagine that for him the goal was always to damage OpenAI's reputation in order to distract them from progress or raising capital, giving xAI more time to catch up.

I don't think it's a coincidence he didn't bring this suit until after the Altman ouster debacle. Discovery was probably the real objective all along.