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Nikola lawsuit vs. Tesla Semi given new life after judge’s ruling
Nikola Motor has been given new deadlines by Judge James Donato, according to a new Order that was released on Tuesday. A judge shelved the lawsuit earlier this month following a lack of responsiveness from both Nikola and Tesla in regards to a lawsuit filed by the hydrogen trucking startup in 2018 that claims portions of the Tesla Semi infringed on several design patents that Nikola owns the rights to.
After Nikola and Tesla both failed to respond to court orders, the case was shelved. However, Judge Donato is giving Nikola attornies new deadlines to put things in motion, or the case will be dismissed, Donato said in a document obtained by The Verge earlier today.
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- Credit: Tesla
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- Credit: Nikola Motor
“The case will not be dismissed at this time for failure to prosecute, but that may change if Nikola does not move this case forward to resolution in an efficient and timely manner,” Donato wrote. “A technology tutorial is set for January 13, 2022. The claim construction hearing is set for January 27, 2022. The case will remain administratively closed pending further order.”
When a case is given the title of “administratively closed,” it means that the court has essentially labeled it as a low-priority case and is not a focus at that time. It typically removes the matter from the Court’s active workload for a considerable period of time, Syracuse University said.
Nikola gave reasons for not responding to court orders, but Judge Donato said that the reasons were “ostensible” and “not particularly compelling.” Nikola runs the risk of losing the $2 billion suit if things do not move forward by the time the new deadlines come.
Nikola filed the lawsuit in 2018 and claims that Tesla stole several design patents that would have cost the company of $2 billion in market share. Tesla has stated that there is “no merit” to the claims. Tesla lost a request with the Patent Trial and Appeal Board in September 201 that asked the entity to review Nikola’s side door patent for the Nikola One semi. The request was unsuccessful, giving Nikola some momentum. However, in two years, not much has happened with the case, likely because Nikola has been dealing with widespread financial issues, scandalous claims from Hindenberg Research, and the ousting and subsequent indictment of its former CEO Trevor Milton on fraud charges.
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Tesla (NASDAQ: TSLA) showrooms have been picked clean ahead of the end of the third quarter of the year, as demand looks to be strong and delivery estimates for new vehicles are pushed into late 2026 and early 2027.
Tesla appears to have sold out of many of its Model 3 and Model Y trim levels in the United States, as only the Model Y RWD and Model Y All-Wheel-Drive are available for delivery before the end of the year.
Additionally, many showrooms are either completely empty or void of all but just one demo unit within the buildings themselves in an effort to bolster what could be one of Tesla’s best quarters in vehicle deliveries in recent memory.
I’m at Tesla right now and when I walked into their showroom I was shocked to see it basically empty.
I asked one of the people working there where all of the cars are “Gone – it’s the end of the quarter and we’ve sold out of everything… including the display vehicles”So… pic.twitter.com/rN7s3gE6sJ
— Devin Olsen (@DevinOlsenn) September 25, 2026
All the cars are gone from Tesla Century City!
All they have is Model Y L, a self-driving video playing on the background. I guess the best product is no product. Either that or they just sold the showroom cars. pic.twitter.com/mzCjWaXwww
— Whole Mars Catalog (@wholemars) September 26, 2026
Show room is empty. I asked and they have sold the demo cars too. Delivery numbers better be outstanding! pic.twitter.com/jq5N28Q6tZ
— Electric Brawl (@3lectricBrawl) September 22, 2026
Additionally, when I spoke to the guys at Tesla Mechanicsburg two weeks ago, when I returned the Model Y L, their third hauler of the week had just arrived, and every vehicle on it, along with every vehicle in their delivery lot, was accounted for and had a name attached to it for delivery.
Talking to the guys at the Mechanicsburg showroom on Friday, they couldn’t believe they had ANOTHER hauler coming in of cars for delivery—and each was accounted for
No car just sitting in inventory. They’re expecting a BIG quarter, and this is more than just the Y L https://t.co/ce801GkKVv
— TESLARATI (@Teslarati) September 21, 2026
Tesla saw a 25 percent increase in deliveries in Q2 compared to the same quarter the year before. The vast majority of the 480,126 units it delivered, 467,762 vehicles to be exact, were the Model 3 and Model Y.
In Q3 2025, Tesla delivered 497,099 vehicles, once again a figure that was dominated by the company’s two mass-market vehicles. Analysts have unusually wide predictions for this quarter, likely because so many firms missed the Q2 delivery figure by such a substantial margin; Wall Street predicted 408,000 cars, while Tesla delivered 480,000.
Goldman Sachs has Tesla slotted for 435,000 deliveries in Q3, while JPMorgan said it anticipates 482,000. The median guess is about 449,000 deliveries for Q3.
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Tesla’s Automatic Collision Evasion feature can be seen in one of the first owner videos of it in action.
Tesla owner Spencer (@scotsrule08) posted on Monday that the feature “worked flawlessly,” saying FSD reengaged itself just as he was about to hit a curb. Ashok Elluswamy, who leads Tesla’s AI team, shared the clip and wrote, “A guardian angel always looking out for you.”
The video arrives in the middle of a staged rollout. Tesla first shipped Automatic Collision Evasion with FSD (Supervised) v14.3.9 in software update 2026.27.6 earlier this month, which Teslarati covered as it reached cars. Update 2026.27.10, which began going out on September 19, carried the feature improvements with FSD v14.3.10, according to release notes tracked by Not a Tesla App. The newer 2026.27.11 build is now reaching another wave of vehicles.
The new Automatic Collision Evasion feature worked flawlessly! FSD reengaged itself just as I was about to hit a curb.
Kudos @Tesla_AI team! 👏 pic.twitter.com/Fbp15HhpL2
— Spencer (@scotsrule08) September 28, 2026
The feature only runs on HW4 vehicles, and it requires an active FSD purchase or subscription with both FSD (Supervised) and Automatic Emergency Braking enabled. HW3 owners receive FSD v14.2 Lite in the same updates, but that build does not include collision evasion.
Tesla’s release notes describe two triggers. The first is an imminent frontal collision that braking alone may not prevent, in which case the car can activate FSD to steer, brake or accelerate around the hazard. That scenario is limited to highways below 85 mph, with no pedestrians or cyclists detected and no slippery road surface. The second covers a driver who appears inattentive, such as reaching into the back seat, or who seems to have switched off FSD by accident. Spencer’s curb clip appears to fall into that second category.
Tesla plans big safety improvements for Full Self-Driving v15
Once the system takes over, the accelerator is muted and light brake input will not cancel the maneuver. Drivers need to apply firm, deliberate steering force to take back control, and the car chimes to hand control back once the danger has passed.
Elluswamy recently noted that earlier hazard prediction, faster reaction time and better collision avoidance would arrive with FSD v15, the next major version.
Tesla is delaying its event for the Roadster, moving it from this Thursday, October 1, to Thursday, October 15, due to unfavorable weather.
The company has said it has been tracking the weather for this Thursday closely with local meteorologists, and because the event can only be held outside, Tesla is making the call to delay it:
“We’ve been tracking the weather closely with local meteorologists, but given the severe conditions predicted & because this event can only be held outdoors, we’ve made the difficult decision to reschedule. New date is October 15. Additional details to follow.”
Roadster event update
We’ve been tracking the weather closely with local meteorologists, but given the severe conditions predicted & because this event can only be held outdoors, we’ve made the difficult decision to reschedule.
New date is October 15. Additional details to…
— Tesla (@Tesla) September 28, 2026
We are sure that this is bringing back PTSD for some Tesla fans, and we know it is not ideal, but this also reveals some things about the event. Tesla said that this can only be held outdoors, meaning it bodes well for the rumors that the vehicle could potentially hover.
Some believe that this was essentially confirmed by the FAA airspace restriction they were granted, but this could have been for a drone show or to keep drones from spying on the event.
Tesla Roadster is available for order once again following brief hold
The Roadster event has been long-awaited, and it is unfortunate that the weather is going to keep us all waiting a little bit longer.
The Tesla Roadster will be unveiled in Waco, Texas.
Tesla showrooms picked clean ahead of Q3 end as demand looks strong
Watch Tesla’s “guardian angel” FSD feature take over for collision evasion
