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Tesla-Rivian lawsuit heats up as Judge denies misappropriation request

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Tesla’s lawsuit against Rivian that claims the latter company attempted to steal trade secrets is heating up after Judge William Monahan threw out Rivian’s misappropriation of trade secrets claim. The Santa Clara, California Superior Court Judge also declined to dismiss claims that Tesla believes seven of its former employees revealed trade secrets to Rivian after beginning employment with the Normal, Illinois-based company.

Judge Monahan agreed to dismiss Rivian’s intentional interference in contract claim because it falls under the “trade secrets” portion of the lawsuit. Bloomberg uncovered the new ruling.

In July, Tesla initiated a lawsuit against Rivian, indicating an “alarming pattern” of poaching employees and stealing trade secrets was taking place. In its original complaint, Tesla believed four individuals, and potentially two additional ones went to Rivian and took secrets with them.

Tesla said:

“Misappropriating Tesla’s competitively useful confidential information when leaving Tesla for a new employer is obviously wrong and risky.”

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Elon Musk then commented on the lawsuit several days later, saying that Rivian was “absolutely” poaching Tesla’s former employees but admitted it wasn’t a “massive percentage.” However, Musk said the employees who left and started working for Rivian “definitely” took Tesla’s intellectual property. One employee, Tami Pascale, who worked for Tesla as a Senior Staffing Manager, admitted to taking “at least ten confidential and proprietary documents from Tesla’s network, which would allow Rivian to poach Tesla’s highest-performing talent and promising employment prospects.”

“They’re doing bad things, so we sued them,” Musk said in an interview with Automotive News.

Tesla’s Elon Musk talks Rivian lawsuit, “They’re doing bad things, so we sued them”

Tesla has been pretty open with its information in the past. Musk has stated that the company’s patents are open and free to use on numerous occasions, especially if it will increase the push toward sustainable transport. However, poaching Tesla’s possible employees and developmental talent is not apart of the deal and is the basis for why it decided to take Rivian to court.

Rivian denied any wrongdoing and responded to the lawsuit in mid-August 2020, stating:

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“As is evident from the many defects on the face of its complaint, this lawsuit is driven by these improper aims, and Tesla’s desire to use the judicial system as a prop to deflect attention from Tesla’s own challenges, to foment fear, uncertainty, and doubt about Rivian, and to provide the pretext to disparage Rivian and its own former employees in the press.”

Tesla claims that at least 178 of its former employees have gone on to work at Rivian, the July complaint said.

The case will take place in California’s Superior Court in Santa Clara County. It is recognized as Tesla Inc. v. Rivian Automotive Inc., case number 20CV368472.

Tesla lawsuit vs. Rivian 20… by Joey Klender

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Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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Tesla recalls 6,197 Cybertrucks for light bar adhesive issue

On October 20, Tesla issued a voluntary recall of the impacted vehicles and has identified 619 warranty claims and just a single field report that is related to the issue. 

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Credit: Francisco Garcia (via Greggertruck on X)

Tesla has recalled 6,197 Cybertrucks for a light bar adhesive issue that was utilized by Service to install the aftermarket part.

According to the National Highway Traffic Safety Administration (NHTSA), impacted vehicles may have had the light bar “inadvertently attached to the windshield using the incorrect surface primer.”

Tesla identified an issue with the light bar’s adhesion to glass back in February and worked for months to find a solution. In October, the company performed chemical testing as a part of an engineering study and determined the root cause as the BetaPrime primer it utilized, figuring out that it was not the right surface priming material to use for this specific application.

On October 20, Tesla issued a voluntary recall of the impacted vehicles and has identified 619 warranty claims and just a single field report that is related to the issue.

The component is manufactured by a Romanian company called Hella Romania S.R.L., but the issue is not the primer’s quality. Instead, it is simply the fact that it is not the correct adhesive for this specific type of application.

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Tesla says there are no reports of injuries or deaths due to this issue, and it will be resolved. In the 473 report that the NHTSA released this morning, Tesla said:

“At no charge to customers, Tesla will inspect the service-installed optional off-road light bar accessory for delamination or damage and if either is present, replace the light bar with a new light bar adhered with tape and a positive mechanical attachment. If no delamination or damage is present, Tesla will retrofit the service-installed optional off-road light bar accessory with a positive mechanical attachment.”

This is the third recall applied to Cybertrucks this year, as one on March 18 highlighted the potential for exterior trim panels to detach while driving, and another earlier this month when the NHTSA said its front parking lights were too bright.

Tesla resolved the first with a free assembly replacement, while the headlight issue was fixed with an Over-the-Air software update earlier this week. Owners said there was a noticeable difference in the brightness of the lights now compared to previously.

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Investor's Corner

Tesla investor Calpers opposes Elon Musk’s 2025 performance award

Musk’s 2025 pay plan will be decided at Tesla’s 2025 Annual Shareholder Meeting, which will be held on November 6 in Giga Texas.

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Credit: Tesla China

One of the United States’ largest pension funds, the California Public Employees’ Retirement System (Calpers), has stated that it will be voting against Elon Musk’s 2025 Tesla CEO performance award. 

Musk’s 2025 pay plan will be decided at Tesla’s 2025 Annual Shareholder Meeting, which will be held on November 6 in Giga Texas. Company executives have stated that the upcoming vote will decide Tesla’s fate in the years to come.

Why Calpers opposes Musk’s 2025 performance award

In a statement shared with Bloomberg News, a Calpers spokesperson criticized the scale of Musk’s proposed deal. Calpers currently holds about 5 million Tesla shares, giving its stance meaningful influence among institutional investors.

“The CEO pay package proposed by Tesla is larger than pay packages for CEOs in comparable companies by many orders of magnitude. It would also further concentrate power in a single shareholder,” the spokesperson stated.

This is not the first time Calpers has opposed a major Musk pay deal. The fund previously voted against a $56 billion package proposed for Musk and criticized the CEO’s 2018 performance-based plan, which was perceived as unrealistic due to its ambitious nature at the time. Musk’s 2018 pay plan was later struck down by a Delaware court, though Tesla is currently appealing the decision.

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Musk’s 2025 CEO Performance Award

While Elon Musk’s 2025 performance award will result in him becoming a trillionaire, he would not be able to receive any compensation from Tesla unless aggressive operational and financial targets are met. For Musk to receive his full compensation, for example, he would have to grow Tesla’s market cap from today’s $1.1 trillion to $8.5 trillion, effectively making it the world’s most valuable company by a mile. 

Musk has also maintained that his 2025 performance award is not about compensation. It’s about his controlling stake at Tesla. “If I can just get kicked out in the future by activist shareholder advisory firms who don’t even own Tesla shares themselves, I’m not comfortable with that future,” Musk wrote in a post on X.

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Tesla Cybercab is heading to China’s import expo

The event will take place from November 5–10 at Shanghai’s National Exhibition and Convention Center.

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Credit: Tesla Europe & Middle East/X

Tesla will make its return to the China International Import Expo (CIIE) this November, marking its first appearance at the event since 2022. The U.S. electric vehicle maker confirmed it will showcase its highly anticipated Cybercab, which will make its Asia-Pacific debut during the event. 

The expo will take place from November 5–10 at Shanghai’s National Exhibition and Convention Center.

Tesla Cybercab in China

Tesla announced its participation in the event on its official Weibo account. As per the electric vehicle maker, it would be occupying Booth A3-03 in Hall 2.1 at the National Exhibition and Convention Center. As noted in a CNEV Post report, the Cybercab, the company’s dedicated autonomous two-seater Robotaxi, will be making its Asia-Pacific debut at the CIIE as well. 

The company shared a graphic on Chinese social media which showed an image featuring several Tesla products, such as the Cybercab, Optimus, and Megapack batteries. The graphic also featured a building that read “Master Plan Part IV.”

Tesla’s momentum in China

Tesla’s return comes after skipping the event last year. Interestingly enough, Tesla attended the event from 2018 all the way to 2023. Tesla’s return to the CIIE then aligns with the company’s efforts to attract consumer interest in the world’s most competitive electric vehicle market. 

The Cybercab’s presence in the event could suggest that Tesla might be interested in bringing its Robotaxi to the country. This is quite interesting as China is already home to several autonomous ride-hailing services, though Tesla’s pure vision approach, which focuses on artificial intelligence and cameras, is quite unique. So far, Tesla has only rolled out its autonomous ride-hailing services in Austin, Texas, and the Bay Area, California.

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