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Tesla Semi lawsuit drags on with small victory for Nikola Motor

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Almost two years ago, Nikola Motors surprised the trucking market by filing a $2 billion lawsuit alleging that the Tesla Semi copied several design elements from the Nikola One, the truck-maker’s flagship hydrogen long hauler. News about the patent lawsuit has been scarce for over a year, but recent updates indicate that Nikola has snatched a small victory from the Silicon Valley-based electric car maker. 

Nikola’s case listed several characteristics of the One that were allegedly copied by Tesla. These included the Semi’s wraparound windshield, mid-entry door, front fenders, and the all-electric truck’s aerodynamic shape. To highlight its point, Nikola stated that the similar drag coefficients between the One (0.37) and the Semi (0.36) was further proof that the battery electric long hauler was copied from the hydrogen fuel-cell sleeper cab. 

Excerpts from Nikola’s lawsuit pointed out that the Semi’s design had caused confusion among the One’s customers, diverting sales from the hydrogen truck maker to Tesla. Nikola also argued that these confusions might result in the Semi’s problems being attributed to the One, such as those resulting from Tesla’s batteries and Autopilot software. These, according to Nikola, are causing damage to its brand. 

The Tesla Semi visits Yandell Truckaway. (Photo: Arash Malek)

“Tesla has had problems with its batteries starting fires and its autonomous features causing fatal accidents. Should these problems arise with the Tesla Semi, the market will attribute these problems to Nikola because of the similarities between the two vehicles. Customers will also impute the Tesla Semi’s limitations (distance and charging time) to Nikola, which will make Nikola’s product less appealing to customers,” the hydrogen truck maker noted in its complaint. 

Unfortunately for Nikola, cases that are centered on design patents are very difficult to prove. This point was especially highlighted in August 2018 when the US Patent Office awarded Tesla a pair of design patents for the Semi that actually listed the Nikola One as a reference, which meant that the examiner deemed Tesla’s design as unique. For Nikola to win its case against Tesla, it would have to prove that the US Patent Examiner made a mistake when comparing the Semi and the One’s designs, and that’s a very difficult point to argue. 

The Nikola One hydro-electric semi truck. | Credit: Nikola

Yet if recent tweets from Nikola CEO Trevor Milton are any indication, it appears that the hydrogen truck maker has stood by its lawsuit against Tesla. As it turned out, Tesla had filed a request with the Patent Trial and Appeal Board in September 2019 asking for a review to invalidate Nikola’s side door patent for the One. This request seems to have failed. Granted, it is a very small victory for Nikola, considering that it is fighting an incredibly steep uphill battle. Still, the dismissal of Tesla’s effort is a victory for the hydrogen truck maker nonetheless. 

“Tesla loses bid to invalidate @nikolamotor patents in USPTO dispute. USPTO not only upheld Nikola semi truck important patents but refused Tesla’s ask to modify our patents. Two billion-dollar lawsuit moving forward. We will defend our company’s IP no matter who it is,” Milton wrote on Twitter. 

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https://twitter.com/nikolatrevor/status/1252263189741367296?s=20

In a statement to Forbes, Nikola Chief Legal Officer Britton Worthen lauded the decision, stating that the development was “obviously favorable” and that the company believes the matter was “decided correctly.” Tesla, for its part, has declined to comment. That being said, a Tesla spokesperson has noted in the past that “It’s patently obvious there is no merit to this lawsuit.” Elon Musk does not seem to be bothered by the suit either, noting in a previous earnings call that the entire situation is a case of fate loving irony. 

Ultimately, the Nikola One may very well be beaten to the market by the Tesla Semi. While the One was unveiled prior to Tesla’s all-electric truck, prototypes of the Semi have been conducting real-world testing since the vehicles were unveiled. Recent sightings of the all-electric trucks suggest that the vehicles are now being tested in harsh conditions. This hints that Tesla may actually be on track to start early production runs of the Semi sometime later this year, as hinted at by the company in the past. Nikola, for its part, seems to be on track to release the Nikola Two, a shorter-range, battery electric truck, before the One. The company expects to start production of its trucks next year.

Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Tesla one-ups Waymo once again with latest Robotaxi expansion in Austin

Tesla’s new Robotaxi geofence measures roughly 171 square miles of Austin’s downtown and suburbs. This is more than double the size of Waymo’s geofence, which measures 90 square miles.

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Credit: @BLKMDL3 | X

Tesla’s expansion of the Robotaxi geofence on Tuesday morning was a one-up on Waymo once again, as the automaker’s service area growth helps eclipse its rival in an intense back-and-forth.

A lot of conversation has been made about Tesla’s rivalry with Waymo in terms of the capabilities of its driverless ride-sharing service in Austin, Texas.

The two companies have sparred with one another, answering each other’s expansion, and continuing to compete, all to the benefit of consumers in the region.

Tesla expanded the geofence of Robotaxi once again this morning, and it is another growth that catapults it past Waymo’s service area in Austin — this time by a considerable margin.

Tesla’s new Robotaxi geofence measures roughly 171 square miles of Austin’s downtown and suburbs. This is more than double the size of Waymo’s geofence, which measures 90 square miles.

On July 14, Tesla officially overtook Waymo in terms of service area in Austin. But just a few days later, Waymo had responded with a bold statement, expanding from 37 square miles to 90 square miles.

Sarfraz Maredia, Global Head of Autonomous Mobility & Delivery at Uber, said the move “unlock[ed] another key milestone in Austin as our operating territory with Waymo expands from 37 to 90 square miles, which means that even more riders can experience Waymo’s fully autonomous vehicles through the Uber app.”

Tesla did not respond immediately, but it took its time with validation vehicle testing in the Austin suburbs, as we reported yesterday:

Tesla looks to expand Robotaxi geofence once again with testing in new area

Today’s expansion is perhaps the biggest step Tesla has taken in its efforts to continue to grow its Robotaxi platform. This is not only because the company has significantly expanded the size of the geofence, but also because it has ventured into suburban areas and even included Gigafactory Texas in its service area.

Waymo could come up with another timely response as it did when Tesla expanded in late July. We’ll wait to see what it comes up with, as this awesome competition between the two companies is accelerating innovation.

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Tesla Robotaxi geofence expansion enters Plaid Mode and includes a surprise

Now, on August 26, the Robotaxi geofence has expanded once again, and is estimated to be about 130 square miles.

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Tesla has expanded its Robotaxi geofence in Austin for the third time since its launch in late June, and the company added a big surprise with this new service area.

After launching on June 22, Tesla’s driverless Robotaxi service has been expanded three times. Its initial launch was about 20 square miles in size. The first expansion occurred on July 14 and was roughly 42 miles large, more than double the initial geofence size.

The second expansion occurred on August 3 and brought the total service area to roughly 80 square miles.

Now, on August 26, the Robotaxi geofence has expanded once again, and is estimated to be about 170 square miles.

The expansion of the Robotaxi geofence seemed to show the company’s focus on getting the service to the areas East and West of downtown was an utmost priority.

We reported on the Bee Cave region of the Austin suburbs being a place where Robotaxi validation vehicles were spotted testing in recent days.

Bee Cave is included in the new geofence.

However, that is not the biggest addition to the geofence, and it’s not even close. Tesla added a major area to the new geofence, one that fans of the company will absolutely love: Tesla Gigafactory Texas.

The big question that remains is whether Tesla is expanding the size of its fleet of Robotaxi vehicles in Austin. There have been many questions about the expansions of the fleet and not necessarily the geofence, and while the latter is certainly considered progress, Tesla will need to enable more Robotaxi into the vehicle population to handle the additional rides.

Tesla has been planning to do so, but is still prioritizing safety and does not want to rush any part of the Robotaxi process.

Tesla is also looking to expand to new cities altogether. It is currently moving toward a Robotaxi launch in Florida, Arizona, and Nevada, and has also opened up job postings for Robotaxi operators in New York.

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Elon Musk reiterates his most optimistic prediction yet with “UHI” forecast

Despite his polarizing nature, Elon Musk is, at his core, an optimist.

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Joel Kowsky, Public domain, via Wikimedia Commons

Despite his polarizing nature, Elon Musk is, at his core, an optimist. If he were not one, he would never have founded Tesla or SpaceX, or pursued projects such as Neuralink or xAI.

Musk’s optimism was on full display on social media platform X recently, when he shared what could very well be his most optimistic prediction yet.

Robots and humans

The Tesla CEO recently responded to a post from David Scott Patterson, who estimated that all jobs will be replaced by AI and robots easily by 2030. In his post, Patterson noted that if robots are sold at the same rate as vehicles, it could result in an output of 320 million robots per year. 

Musk responded that eventually, intelligent humanoid robots will far exceed the population of humans, and “there will be many robots in industry for every human to provide products & services.” 

Musk is already taking steps to achieve such a future. Tesla’s Optimus humanoid robot is expected to see its first “legion” produced this 2025. During an All-Hands meeting earlier this year, Musk also hinted to Tesla employees that the company will try to produce about 50,000 Optimus robots next year. 

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Universal High Income (UHI)

Musk has shared similar sentiments in the past, so it was no surprise that some X users asked the CEO how humans could sustain their lives when robots replace working individuals. To this, Musk responded that a Universal High Income (UHI) would be implemented, which should provide people with the best medical care, food, and transport available.

“There will be universal high income (not merely basic income). Everyone will have the best medical care, food, home, transport and everything else. Sustainable abundance,” Musk wrote in his post

Musk’s comment about sustainable abundance seems to be a prevalent theme in his recent optimistic comments. During Tesla’s second quarter earnings call, for example, Musk hinted that his Master Plan Part Four will describe a path towards sustainable abundance in a post-autonomy world.

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