"Clearly" in the form of the most probable interpretation of the public facts doesn't mean that it is unambiguous enough that it would be resolved without a trial, and by the time a trial, the inevitable first-level appeal for which the trial judgement would likely be stayed was complete, so that there would even be a collectible judgement, the world would have moved out from underneath OpenAI; if they still existed as an entity, whatever they collected would be basically funding to start from scratch unless they
also found a substitute for the Microsoft arrangement in the interim.
Which I don't think is impossible at some level (probably less than Microsoft was funding, initially, or with more compromises elsewhere) with the IP they have if they keep some key staff -- some other interested deep-pockets parties that could use the leg up -- but its not going to be a cakewalk in the best of cases.