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EXCLUSIVE: Neuralink dragged into humane testing lawsuit – Timeline of Events

Elon Musk shows off the Neuralink v0.9 Device (Credit: Neuralink)

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Neuralink has been dragged into a lawsuit by the Physicians Committee for Responsible Medicine against the University of California at Davis. The lawsuit, which is amended from its initial filing date of May 2021, seeks to have UC Davis release images and video of inhumanely-treated test subjects, including monkeys, who died after participating in some trials of Neuralink-sponsored research for the development of neural interface implant devices. We have put together an exclusive timeline of events based on interviews and an examination of over 700 pages of documents that UC Davis was required to turn over to the PCRM.

The Physicians Committee for Responsible Medicine (PCRM) is a nonprofit organization with more than 17,000 doctor members. It filed a formal complaint with the United States Department of Agriculture today, claiming UC Davis and Neuralink staff violated the federal Animal Welfare Act related to experiments performed on 23 monkeys. Neuralink paid more than $1.4 million to UC Davis to carry out the experiments.

The PCRM said in a press release that Neuralink and the University “failed to provide dying monkeys with adequate veterinary care, used an unapproved substance known as “Bioglue” that killed monkeys by destroying portions of their brains, and failed to provide for the psychological well-being of monkeys assigned to the experiment.”

In an exclusive interview with Teslarati earlier today, Jeremy Beckham, MPA, MPH, PCRM’s Research Advocacy Coordinator, said that the lawsuit really intends to open up “basic facts about what Neuralink testing did to the animals.” Beckham said monkeys had their brains mutilated in the experiments. Veterinary records, which were shared with Teslarati by the PCRM, show that UC Davis and Neuralink staff performed invasive and deadly experiments on monkeys to assess the effectiveness of the Neuralink device. The letter sent from the PCRM to the USDA earlier today gives several graphic descriptions of how the test animals were treated.

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One animal, known as “Animal 6,” was a 6-year-old macaque monkey who was killed on January 16, 2019. The letter states that, on October 10, 2018, implanted electrodes “were placed using an investigational robot,” then, “attached to skull using titanium implant screws.” The location of the screws began to become infected, according to the letter. By January 14th, “Animal 6” had started to pick at the infected area. Staff euthanized the monkey two days later.

Timeline of Events

PCRM has been working to clarify the situation since September 2020, but a more descriptive timeline of events would clarify how Neuralink, UC Davis, and the PCRM have all combined into this issue.

  • May 2017 – The University of California at Davis and Neuralink sign and agree to Non-Disclosure Agreements regarding testing.
  • September 2017 – UC Davis and Neuralink officially begin their collaboration to carry out primate experiments at UC Davis facilities. The goal is to develop a brain-machine interface.
  • July 2018 – “Animal 4,” an 11-year-old macaque monkey is killed in the Neuralink/UC Davis experiments, according to the complaint. The monkey was “on anti-depressants and had chronic diarrhea and poor appetite.” Additionally, the monkey was observed as “lethargic” and “depressed,” and hunched and passed bloody diarrhea. The monkey eventually died in a deadly procedure on July 20th.
    • Also in July 2018 – “Animal 12,” approximately 7-years-old, undergoes a craniotomy and electrode insertion procedure. Records show the animal had “severe clinical adverse effects following the implantation, had poor stool quality, was not eating, and had an eye infection.” Records abruptly ended on July 30th.
  • September 2018 – “Animal 21,” a 7-year-old female macaque undergoes an “electrode insertion survivability” procedure using “investigational robotics.” The animal was observed with adverse side effects the following day, including vomiting, gasping, retching, and had little interaction with their environment and observers. The animal was euthanized and had signs of “Bioglue,” an unapproved adhesive, covering the brain.
  • December 2018 – “Animal 15,” a 7-year-old female macaque undergoes a craniotomy and recording device implantation. Following the surgery, the area became infected and bloody. The animal was euthanized on March 21, 2019. The performed necropsy shows “remnant electrode threads.”
  • January 2019 – “Animal 6,” a 6-year-old macaque monkey is killed as a part of the “experimental design.” Electrodes were secured by screws drilled into the monkey’s skull, and lab staff were forced to “frequently clean” the eroding skin near the monkey’s implant site.
  • March 2019 – “Animal 11” is killed at approximately 11-years-old during a terminal procedure. The monkey had an implant placed on the head or brain on December 3rd, 2018, and began experiencing symptoms like a weakened appetite and missing fingers and toes, possibly caused by self-mutilation.
  • January 2020 – “Animal 5,” another macaque monkey is killed “inadvertently” by an anticonvulsant. He showed signs of significant weight loss and alopecia.
  • July 2020 – Neuralink’s Elon Musk announces that the company will hold an event on August 28th, 2020, to display the progress of the V0.9 device. “Will show neurons firing in real-time on August 28th. The matrix in the matrix,” Musk said in a Tweet.
    • Also in July 2020 – Neuralink receives a ‘breakthrough device’ designation from the FDA in July, and the company is working with the agency to make the technology as safe as possible.
  • August 2020 – Neuralink unveils the v0.9 device, displaying healthy and functioning pigs. Musk delivers a presentation on the new device, showing the simplified product Neuralink has developed. “It’s like a FitBit in your skull with tiny wires,” Musk half-joked. “I could have it right now and you wouldn’t even know. Maybe I do!” The device is said to be installed without general anesthesia. There will be no bleeding, and no noticeable damage after the device is implanted.
  • September 2020 – The PCRM files a California Public Records request, wishing for information regarding UC Davis trials of the Neuralink device. The request is eventually denied in accordance with California State Code 6255(a), which says that the Agency “shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.”
  • October 2020 – “Animal 10,” an 8-year-old macaque monkey, is shipped to Neuralink’s facility in Fremont. The monkey has significant hair loss, had lesions from “unspecified traumas,” and was exhibiting self-mutilating behavior.
  • November 2020 – Neuralink severs ties with UC Davis on November 11. Neuralink then moves seven of the remaining monkeys to its facility in Fremont, California. Beckham said that records show 15 of the 23 monkeys used in the research died or were euthanized at UC Davis. The final monkey’s situation is unclear, but it is possible the animal was reassigned to a different project at UC Davis, Beckham said.
  • April 2021 – Neuralink releases a YouTube video of “Pager the Monkey” allegedly playing video games with a wireless neural interface. The video features a nine-year-old Macaque named Pager playing “MindPong” while utilizing a Neuralink device.
  • May 2021 – PCRM sues the University of California Davis under the California Public Records Act (CPRA) for not releasing records in September 2020. Before the suit reaches a judicial decision, Counsel for the University of California agrees to release 700 pages of information.
  • October 2021 – University of California’s General Counsel turns over files including animal testing records and veterinarian reports to PCRM. More than 700 pages of records are turned over.
  • February 2022 – PCRM files a separate complaint with the U.S. Department of Agriculture that alleges the information the organization has already received reveals evidence of violations of Federal Animal Welfare laws.

Moving Forward

Beckham maintains that the main point of the newest filing is to have UC Davis turn over photographs and videos that reveal the inhumane treatment of the animals due to the experiments. There are monkeys convulsing, vomiting, and dying in these labs,” Beckham said. “People want to step in line for the first human trials, and they should see this before they commit to that,” he told Teslarati. Neuralink was set for human trials this year, Musk said last year.

Beckham said that these complaints can take a while to work through the legal system. “In my years of being involved with humane testing litigation, I know that these things can take some time. Maybe up to a year,” he said. “It also depends how much they want to fight back.”

Neuralink did not immediately respond to our requests for comment.

Beckham’s full letter to the USDA is available below.

2022-02-10 PCRM USDA Complaint Re UC Davis and Neuralink (No Exhibits) by Joey Klender on Scribd

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I’d love to hear from you! If you have any comments, concerns, or questions, please email me at joey@teslarati.com. You can also reach me on Twitter @KlenderJoey, or if you have news tips, you can email us at tips@teslarati.com.

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

New drone video shows Tesla’s Optimus Factory reaching a turning point

New drone footage shows Tesla’s dedicated Optimus factory steel frame nearing completion at Giga Texas.

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Tesla’s dedicated Optimus factory at Gigafactory Texas is closing in on a finished steel frame, according to drone footage posted Thursday afternoon by longtime site observer Joe Tegtmeyer. In the video, Tegtmeyer said structural steel assembly is now about five column grids away from reaching the building’s north perimeter beam, putting the primary skeleton in its final stretch roughly six months after Tesla broke ground on the North Campus site in late March.

Tegtmeyer’s footage shows concrete already going in on three upper floors while crews continue laying rebar and pouring grade beam footings at ground level. That kind of parallel work, steel rising at one end of the site while concrete sets at the other, is a scheduling approach Tesla used at the original Giga Texas building and appears to be repeating here to save time before the plant’s targeted 2027 production start.

Teslarati has tracked the building’s progress since Tesla confirmed construction was officially underway in May, when the first steel structure went up on what was then bare, reclaimed land. The facility is part of a more than 5.2 million square foot expansion of Giga Texas’s North Campus that Tesla has said will eventually run nearly the length of the existing vehicle factory, over 4,000 feet, while sitting somewhat narrower. Musk has pegged the long term output target at 10 million Optimus units a year once the line is running at full capacity, a volume that would dwarf the one million unit pilot line Tesla is standing up separately at its Fremont, California factory.

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Tesla Giga Texas to feature massive Optimus V4 production line

The Texas facility sits alongside another major buildout on the same campus. Terafab, the joint Tesla and SpaceX chip fabrication plant that will eventually supply the silicon running Optimus units in the field. Housing robot assembly and chip production on the same grounds is a deliberate supply chain decision, cutting down on the shipping and lead time that would otherwise sit between the two.

Tesla has not given an updated timeline beyond its previously stated goal of bringing high volume Optimus production online at the site in the summer of 2027. Fremont’s smaller pilot line began mass producing the current Gen 3 robot in January, with that plant expected to build tens of thousands of units this year primarily to generate the real world data Tesla needs to refine the robot’s software before Giga Texas ramps up. Six months of visible construction progress, tracked almost entirely through Tegtmeyer’s recurring drone flights, gives the clearest outside look yet at how seriously Tesla is treating that 2027 deadline.

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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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