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Tesla Cybertruck unveiled in Los Angeles, Nov. 21, 2019 (Photo: Arash Malek) Tesla Cybertruck unveiled in Los Angeles, Nov. 21, 2019 (Photo: Arash Malek)

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Tesla’s Elon Musk shuts the door on Gigafactory Texas talk, but for how long?

Tesla Cybertruck unveiled in Los Angeles, Nov. 21, 2019 (Photo: Arash Malek)

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George Strait once said that all of his exes live in Texas, and maybe Elon Musk doesn’t want his new electric vehicle facility to be infiltrated by the country music legend’s past lovers.

Just kidding.

While we all patiently wait for Tesla’s CEO to announce the location of its next vehicle production plant, I was pretty sure that Texas had been confirmed as the spot. After seeing some reports, I dug a little deeper and found that the State of Texas had some records, including purchase price agreements, on a plot of land just outside of Austin.

However, when I reported the news, Elon responded and told us at Teslarati that the company had the option to buy the land, but they had not secured a purchase agreement and exercised its right to purchase the property.

I have to admit, I was pretty shocked. I have been following the situation closely for months, and it is pretty evident that Texas certainly has the most advantages. Not to mention, Elon definitely seems to be leaning toward it. He’s been talking about Texas since January, and we’ve already talked about the distinct advantages the state holds over any other location.

However, Musk wasn’t done there. He then added that Tesla was looking at several locations. I’m assuming Tulsa, Oklahoma, is also in the mix considering that has been a location that is very open to taking its oil roots and trading them in for a new electrified infrastructure that will create a string of sustainable transportation production lines in the state.

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However, it is really evident that Tesla might be having some second thoughts on the Lone Star State…or are they?

First, let’s consider the details of the land plot in question in Texas. It’s 2,100 acres, its $5.2 million bucks, and its really perfect for what Tesla has wanted. We know that the new factory is set to be the biggest one yet because both Zachary Kirkhorn and Elon said they are going to start calling the factories “Tera” instead of “Giga.”

To put the size of the land into perspective, Fremont sits on 370 acres, Giga Shanghai on 210 acres, and Giga Berlin on 740 acres. This means the prospective Texas land plot is nearly three times as big as Giga Berlin, which is the factory that will produce Tesla cars for all of Europe, and it is all going to be used to create the Cybertruck and the Model Y.

We know the demand for the Cybertruck is enormous. The pre-order number is not officially public knowledge. Still, there is some indication that Tesla is getting near three-quarters of a million reservations for the truck and its tough, robust exterior.


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We know that Tesla wants to build the plant in the middle of the country. That could mean anything, from North Dakota to Texas literally, and it could go slightly West to Colorado, and slightly East to Missouri. That’s what is confusing.

Now that there are apparently “several locations” in the mix, the real question is: Why is the Texas deal taking so long? Is Tesla looking to negotiate an even lower price? I decided to dig a little more.

According to Texas A&M University’s “Texas Rural Land Prices” page, where the college has the price of land from Q4 1971 up until Q1 2020, the most recent cost of an acre of property in the state is $2,986. The prospective plot of land where Tesla could build its next factory is 2,100 acres. So the value of the property, according to these statistics, is $6,270,600. According to the application that Tesla and the State of Texas have, the land price that was agreed upon is $5,298,275, giving the company a nearly $1 million discount. It is about a 16% discount according to my handy, dandy calculator.

Texas has also announced its intentions to give the automaker a sweet incentive package to the tune of $68 million, according to reports. That’s a lot of scratch, and it could certainly help with the purchase price, the labor costs of constructing the building, and more.

It is just tough to say why the deal is taking a while. The Cybertruck’s Dual and Tri-Motor variants are going to be produced at the tail-end of 2021, and with Tesla’s track record with the Model Y in the US and the Model 3 in China, they’ll be built well before then. That would give Tesla, if the company started construction in July, 18 months to complete the Cybertruck portion of the factory. Fremont could handle Model Y production until the new factory’s Phase 2 is completed.

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I am personally excited to see where the factory ends up, and I really, genuinely think that Texas is where the factory will end up.

Where do you think the factory will be when its all said and done? And why do you think Tesla is kind of dragging its feet through the purchase process?

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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Investor's Corner

Tesla and SpaceX take “Terafab” Trademark fight to Federal Court

Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.

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SpaceX Terafab rendering

Tesla and SpaceX are asking a federal judge to rule that their planned Terafab chip factory does not infringe a small Illinois company’s trademark, a request that arrives only after months of quiet negotiation broke down this summer.

The dispute traces to May 18, when Tesla filed three U.S. trademark applications for “Terafab” and “Tesla Terafab,” covering semiconductor chips and related chip making services. TERA-print LLC, a nanotechnology company that has held a federal trademark for “Tera-Fab” since 2021, responded five days later with a cease and desist letter. According to the lawsuit, first reported by Reuters, TERA-print argued that Tesla and SpaceX’s use of “Terafab” would confuse consumers familiar with its own trademark, which covers a desktop photolithography printer sold to researchers for sensor and bioengineering work.

What stands out in the filing is the timing of TERA-print’s own paperwork. One day before sending that cease and desist letter, on May 22, TERA-print applied to expand its existing registration to cover semiconductor materials, silicon chips, nanoelectronic devices and AI design services, categories it had not previously claimed. Tesla and SpaceX call that filing opportunistic in their complaint, noting it arrived two months after Tesla’s public Terafab announcement and just days after Tesla’s own trademark applications went in.

Elon Musk launches TERAFAB: The $25B Tesla-SpaceXAI chip factory that will rewire the AI industry

By June 10, TERA-print was threatening to sue for federal trademark infringement, false designation of origin and unfair competition, the complaint states. Rather than wait to be sued, Tesla, SpaceX and SpaceXAI met with TERA-print six separate times between June and August trying to resolve the dispute directly. Those talks collapsed, and the companies filed for declaratory judgment this week in the U.S. District Court for the Western District of Texas, asking a judge to find that “Terafab” does not infringe TERA-print’s mark before TERA-print can file a claim of its own.

TERA-print isn’t backing down. The company told PCMag it discussed a settlement with Tesla as recently as September 2 and feels misled by what it called Tesla’s professed interest in settling. Its CTO, Andrey Ivankin, said TERA-print holds a Defense Department contract to fabricate semiconductors and partially owns Mattiq Inc., an AI company built on TERA-print’s products, and that the company will vigorously defend its rights.

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Tesla and SpaceX argue the overlap is superficial. Terafab is planned as a $16.8 billion complex spanning roughly 100 million square feet at the Grimes County site SpaceX confirmed last month, built to produce chips for Optimus robots, Tesla’s AI computing needs and SpaceX’s orbital data center ambitions, a scale and purpose the companies say no reasonable consumer would confuse with a tabletop lab printer. TERA-print’s product line has stayed focused on lithography tools for biological and sensor research since it registered its mark in 2021.

The trademark fight is the second legal dispute tied to the Terafab project in the past week, following a separate SpaceX suit aimed at keeping company records about the facility out of public view, as KBTX reported. Whether construction proceeds under the Terafab name now depends on a federal judge in Austin.

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NHTSA just escalated its Tesla Cybercab investigation in a big way

NHTSA escalated its Cybercab audit into a sworn Special Order with a September 30 deadline.

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Federal regulators have moved from asking Tesla questions about its Cybercab to demanding sworn answers. The National Highway Traffic Safety Administration issued a Special Order that requires a Tesla officer to sign an affidavit attesting to the completeness of the company’s responses, with a deadline of September 30.

The order builds on Audit Query AQ26002, which NHTSA opened on September 3, the same day Tesla began commercial Cybercab service in Austin. Teslarati covered that initial inquiry when it surfaced, noting the agency wanted to understand how Tesla certified a vehicle with no permanently attached steering wheel, pedals, or mirrors as compliant with Federal Motor Vehicle Safety Standards. A Special Order is a different tool and converts a fact finding review into a legally enforceable demand, the same mechanism NHTSA used against Tesla in 2023 during its Autopilot investigation.

Several of the 21 requests target a specific gap in Cybercab’s design. One asks whether Tesla used temporarily attached human controls at any point to help certify the vehicle, and if so, which standards depended on that equipment being present. Another quotes an existing rule directly: “The service brakes shall be activated by means of a foot control.” Cybercab has no foot pedal. NHTSA wants a detailed explanation of how the vehicle satisfies that requirement, and how it complies without the kind of exemption granted to Zoox in July under Part 555, the regulatory pathway built for steering wheel free vehicles.

The order does not claim Cybercab is unsafe or that Tesla broke a rule. It requires Tesla to explain, under oath, the reasoning behind decisions the company already made when it self-certified the vehicle. That distinction matters, but so does the exposure. Motor1’s reporting, summarized here, put potential civil penalty exposure as high as $139 million if NHTSA later finds the certification was flawed, on top of whatever criminal risk comes with a false sworn statement.

Tesla has not said publicly how it plans to respond. Cybercab is still carrying passengers in Austin through the Robotaxi app while the September 30 deadline approaches, and the company has continued expanding the vehicle’s footprint even as the regulatory question remains open. The Special Order does not pause any of that and just sets a date by which Tesla has to put its certification logic on the record, with a company officer’s name attached to it.

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Investor's Corner

Tesla uber bull Ron Baron says ‘the time to buy the stock is now’

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Credit: Tesla

In a new interview on Wednesday, Tesla uber bull Ron Baron said that anyone looking to buy the company’s stock should do so as soon as they can.

Baron, founder and CEO of Baron Capital and one of Tesla’s most persistent institutional bulls, used a CNBC Squawk Box appearance on Wednesday to deliver a familiar message with fresh urgency: In his opinion, Tesla stock is a buy:

“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.”

The Baron Capital frontman’s case is built around Full Self-Driving. Tesla reported 1.48 million active FSD subscriptions in the second quarter, up 56 percent year over year, and company officials have said roughly 55 percent of new North American deliveries left with a subscription enabled.

Baron framed that attach rate as proof the product is moving from enthusiast extra to default expectation, and as a reason software, not just vehicle volume, should drive the next phase of value.

His conviction on Tesla shares is not theoretical, as Baron Capital made its first Tesla investment in 2014, after years of meetings that began around the 2010 IPO roadshow. The firm later built a large SpaceX position starting in 2017.

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Baron said those Musk-led bets have generated about $30 billion of the $71 billion in profits Baron Capital has produced for clients. He put the firm’s current exposure at roughly $25 billion in SpaceX and $5 billion in Tesla. Personally, he described SpaceX as his largest holding, at about $5 billion, with about $1.5 billion in Tesla and additional Tesla exposure through the firm’s funds.

That concentration is also a statement of loyalty. Asked about talk of a SpaceX-Tesla combination, Baron said he had already walked Elon Musk through arguments for and against a deal, then declined to repeat them on air. His public position was simpler: “Whatever you decide is better is what I’m going to support,” he said to Musk.

Baron also said that he picked up the farewell edition of the Model S after Tesla decided to sunset the vehicle earlier this year, calling it his favorite car he’s ever driven.

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