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Nikola lawsuit vs. Tesla Semi given new life after judge’s ruling

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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.

“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.

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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.

Don’t hesitate to contact us with tips! Email us at tips@teslarati.com, or you can email me directly at joey@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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Elon Musk’s Boring Company reveals Prufrock TBM’s most disruptive feature

As it turns out, the tunneling startup, similar to other Elon Musk-backed ventures, is also dead serious about pursuing reusability.

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The Boring Company has quietly revealed one of its tunnel boring machines’ (TBMs) most underrated feature. As it turns out, the tunneling startup, similar to other Elon Musk-backed ventures, is also dead serious about pursuing reusability.

Prufrock 5 leaves the factory

The Boring Company is arguably the quietest venture currently backed by Elon Musk, inspiring far fewer headlines than his other, more high-profile companies such as Tesla, SpaceX, and xAI. Still, the Boring Company’s mission is ambitious, as it is a company designed to solve the problem of congestion in cities.

To accomplish this, the Boring Company would need to develop tunnel boring machines that could dig incredibly quickly. To this end, the startup has designed Prufrock, an all-electric TBM that’s designed to eventually be fast enough as an everyday garden snail. Among TBMs, such a speed would be revolutionary. 

The startup has taken a step towards this recently, when The Boring Company posted a photo of Prufrock-5 coming out of its Bastrop, Texas facility. “On a rainy day in Bastrop, Prufrock-5 has left the factory. Will begin tunneling by December 1.  Hoping for a step function increase in speed,” the Boring Company wrote.

Prufrock’s quiet disruption

Interestingly enough, the Boring Company also mentioned a key feature of its Prufrock machines that makes them significantly more sustainable and reusable than conventional TBMs. As per a user on X, standard tunnel boring machines are often left underground at the conclusion of a project because retrieving them is usually more expensive and impractical than abandoning them in the location. 

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As per the Boring Company, however, this is not the case for its Prufrock machines, as they are retrieved, upgraded, and deployed again with improvements. “All Prufrocks are reused, usually with upgrades between launches. Prufrock-1 has now dug six tunnels,” the Boring Company wrote in its reply on X.

The Boring Company’s reply is quite exciting as it suggests that the TBMs from the tunneling startup could eventually be as reusable as SpaceX’s boosters. This is on brand for an Elon Musk-backed venture, of course, though the Boring Company’s disruption is a bit more underground. 

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Tesla accused of infringing robotics patents in new lawsuit

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tesla store in New York City
Credit: Tesla

Tesla is being accused of infringing robotics patents by a company called Perrone Robotics, which is based out of Charlottesville, Virginia.

The suit was filed in Alexandria, Virginia, and accuses Tesla of knowingly infringing upon five patents related to robotics systems for self-driving vehicles.

The company said its founder, Paul Perrone, developed general-purpose robotics operating systems for individual robots and automated devices.

Perrone Robotics claims that all Tesla vehicles utilizing the company’s Autopilot suite within the last six years infringe the five patents, according to a report from Reuters.

Tesla’s new Safety Report shows Autopilot is nine times safer than humans

One patent was something the company attempted to sell to Tesla back in 2017. The five patents cover a “General Purpose Operating System for Robotics,” otherwise known as GPROS.

The GPROS suite includes extensions for autonomous vehicle controls, path planning, and sensor fusion. One key patent, U.S. 10,331,136, was explicitly offered to Tesla by Perrone back in 2017, but the company rejected it.

The suit aims to halt any further infringements and seeks unspecified damages.

This is far from the first suit Tesla has been involved in, including one from his year with Perceptive Automata LLC, which accused Tesla of infringing on AI models to interpret pedestrian/cyclist intent via cameras without licensing. Tesla appeared in court in August, but its motion to dismiss was partially denied earlier this month.

Tesla also settled a suit with Arsus LLC, which accused Autopilot’s electronic stability features of infringing on rollover prevention tech. Tesla won via an inter partes review in September.

Most of these cases involve non-practicing entities or startups asserting broad autonomous vehicle patents against Tesla’s rapid iteration.

Tesla typically counters with those inter partes reviews, claiming invalidity. Tesla has successfully defended about 70 percent of the autonomous vehicle lawsuits it has been involved in since 2020, but settlements are common to avoid discovery costs.

The case is Perrone Robotics Inc v Tesla Inc, U.S. District Court, Eastern District of Virginia, No. 25-02156. Tesla has not yet listed an attorney for the case, according to the report.

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Tesla has passed a critical self-driving milestone Elon Musk listed in Master Plan Part Deux

Tesla China announced that the company’s Autopilot system has accumulated 10 billion kilometers of driving experience.

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Tesla has passed a key milestone, and it was one that CEO Elon Musk initially mentioned more than nine years ago when he published Master Plan, Part Deux. 

As per Tesla China in a post on its official Weibo account, the company’s Autopilot system has accumulated over 10 billion kilometers of real-world driving experience.

Tesla China’s subtle, but huge announcement

In its Weibo post, Tesla China announced that the company’s Autopilot system has accumulated 10 billion kilometers of driving experience. “In this respect, Tesla vehicles equipped with Autopilot technology can be considered to have the world’s most experienced and seasoned driver.” 

Tesla AI’s handle on Weibo also highlighted a key advantage of the company’s self-driving system. “It will never drive under the influence of alcohol, be distracted, or be fatigued,” the team wrote. “We believe that advancements in Autopilot technology will save more lives.”

Tesla China did not clarify exactly what it meant by “Autopilot” in its Weibo post, though the company’s intense focus on FSD over the past years suggests that the term includes miles that were driven by FSD (Beta) and Full Self-Driving (Supervised). Either way, 10 billion cumulative miles of real-world data is something that few, if any, competitors could compete with.

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Elon Musk’s 10-billion-km estimate, way back in 2016

When Elon Musk published Master Plan Part Deux, he outlined his vision for the company’s autonomous driving system. At the time, Autopilot was still very new, though Musk was already envisioning how the system could get regulatory approval worldwide. He estimated that worldwide regulatory approval will probably require around 10 billion miles of real-world driving data, which was an impossible-sounding amount at the time. 

“Even once the software is highly refined and far better than the average human driver, there will still be a significant time gap, varying widely by jurisdiction, before true self-driving is approved by regulators. We expect that worldwide regulatory approval will require something on the order of 6 billion miles (10 billion km). Current fleet learning is happening at just over 3 million miles (5 million km) per day,” Musk wrote. 

It’s quite interesting but Tesla is indeed getting regulatory approval for FSD (Supervised) at a steady pace today, at a time when 10 billion miles of data has been achieved. The system has been active in the United States and has since been rolled out to other countries such as Australia, New Zealand, China, and, more recently, South Korea. Expectations are high that Tesla could secure FSD approval in Europe sometime next year as well. 

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