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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 has quietly opened a public interest form for companies that want to buy fleets of its purpose-built Cybercab robotaxis, marking the first official channel for commercial purchases of the two-seat autonomous vehicle. The form went live on September 3, the same day Tesla hosted an invite-only Cybercab launch event in Austin, Texas.
Tesla titled the page “Help Us Build Our Robotaxi Network.” Applicants provide name, email, phone number, company name, and deployment region. They then select one or more categories: Cybercab fleet vehicle purchasing, mobility hubs and infrastructure, event collaboration, or other. Tesla says a representative will follow up with those who express commercial interest.
Tesla has introduced a new form that you can fill out if you are interested in purchasing a fleet of Cybercabs:
Form: https://t.co/Ut0yoiEyXD pic.twitter.com/uuaCXmksIO
— Sawyer Merritt (@SawyerMerritt) September 3, 2026
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Until now, the company had no public ordering path for the vehicle, which was first shown as a concept at the October 2024 “We, Robot” event.
The Cybercab is designed from the ground up for unsupervised operation. It has no steering wheel and no pedals.
Regulatory filings list a 48-kilowatt-hour battery, a single 219-horsepower front motor, a curb weight of 3,113 pounds, and an EPA-adjusted range near 290 to 300 miles. Tesla has already registered dozens of the vehicles with Texas authorities and has been testing them on public streets around Austin.
Tesla Cybercab sightings broaden well outside of Austin with autonomy in focus
The company’s existing Robotaxi service, which currently uses modified Model Y vehicles in parts of Texas and Florida, is expected to add Cybercabs as production ramps up at Gigafactory Texas.
The form signals that Tesla is preparing to treat the Cybercab as more than an in-house fleet asset. Investors and operators have discussed buying groups of the vehicles and placing them on Tesla’s ride-hailing network, with Tesla taking a platform fee. High-profile figures have publicly stated plans to acquire fleets if Tesla allows third-party ownership.
The new page gives those parties a direct way to register interest rather than waiting for a conventional configurator.
Whether the form leads quickly to firm purchase agreements remains unclear. Regulatory approval for widespread unsupervised operation still varies by state, and Tesla has not published pricing or delivery timelines for fleet customers. The company has previously discussed a target price near $25,000 to $30,000 per vehicle.
For now, the form is an early signal that Tesla wants partners to help scale the network rather than operate every Cybercab itself.
Pairing the launch of the Cybercab fleet form with the Austin event is no coincidence. Tesla is inviting businesses to participate in the next phase of its Robotaxi plan at the moment the production vehicle first appears in public.
Tesla has updated its Robotaxi app so riders can pick which vehicle they want before they book. The latest in-app screens now show two options side by side: the two-seat Cybercab and the four-seat Model Y.
A screenshot circulating Thursday shows the change in practice. In Austin, a rider could choose a gold Cybercab for two people or a Model Y for four. Tesla’s updated description calls Cybercab “our first purpose-built autonomous vehicle,” designed for safety, accessibility, and comfort, and says the lineup is available only through the Robotaxi app.
Tesla has updated their Robotaxi page in the App Store. You’ll be able to select if you want a Cybercab or Model Y Robotaxi.
“Our Robotaxi vehicle lineup now includes Cybercab, our first purpose-built autonomous vehicle. Designed for safety, accessibility and comfort, Cybercab… pic.twitter.com/Jff4klilDr
— Sawyer Merritt (@SawyerMerritt) September 3, 2026
The distinction is more than cosmetic, and it’s important to note that Robotaxi refers to the platform, while Cybercab refers to a vehicle.
Model Y Robotaxis have carried the service since it opened in Austin in mid-2025 and later expanded to Dallas, Houston, and parts of Florida. Those vehicles are converted production SUVs that still have steering wheels and pedals.
Cybercab is different. It has no driver controls, butterfly doors, a low seat height meant to work with wheelchairs, extra trunk space for assistive devices, and braille on the handles. Tesla has registered dozens of the two-seaters with Texas regulators in the days leading up to its September 3 Austin event.
Giving riders a choice lets Tesla match the vehicle to the trip. Most rides involve one or two people, which is where Cybercab is meant to be cheaper and more efficient to operate. Groups of three or four, or anyone who needs more space, can still request a Model Y.
The same app handles booking, payment, cabin settings, and, on Cybercab, features such as phone-based door opening and in-cabin voice controls.
The update does not mean every city suddenly has both cars available. Cybercab support is listed for Austin first, and the purpose-built fleet is still small compared with the existing Model Y roster. Even so, the app change marks a shift from a single-vehicle pilot to a mixed fleet.
Riders can now choose between the compact, purpose-built robotaxi and the familiar SUV that launched the service.
Tesla Cybercab sightings are broadening far and wide, well outside of downtown Austin, Texas, with autonomy in focus as the company plans to launch the all-electric, two-seater this evening in the Lone Star State.
Tesla is set to launch Cybercab to a small group of people this evening in a dedicated event in Austin, Texas. Public details on the event are relatively slim.
However, Tesla’s focus on Cybercab falls well outside of the downtown Austin area and is expanding well across the United States as things continue to move quickly with the company’s autonomous efforts in 2026. Today, various images of Cybercab fleets in interesting locations have started to circulate.
The most notable is a fleet of at least 20 Cybercabs at Miami International Airport in Florida. Spotted last night, the fleet is expansive and is indicative of a looming release of Cybercabs once regulatory boxes are checked off.
Tesla has already been operating the Robotaxi platform in Miami for several months, but this Cybercab fleet at the airport could be joining the ride-hailing platform as approvals arrive:
20+ Cybercabs spotted near Miami international airport. pic.twitter.com/ORLsw8yFhf
— Sawyer Merritt (@SawyerMerritt) September 3, 2026
Another fleet of Cybercabs was spotted at the Devon, PA showroom just outside of Philadelphia. We have seen several Cybercab units testing around the Philadelphia Metro Area, which is interesting considering Tesla does not have any active Robotaxi geofence in Pennsylvania.
Cybercab at the Devon location in PA has multiplied over the weekend. Seeing a few more test vehicles in the lot 👀 pic.twitter.com/DhJT4P1EkU
— Billy (@billykyle) August 22, 2026
Philadelphia would be an ideal location to test ride-hailing due to its dense tourist population, large, sprawling city layout, and to compete with other ride-hailing companies that operate in the city.
Expansive fleets of Cybercabs will be popping up in and around major cities throughout the rest of the year, if we were betting on it. Tesla has made it obvious that the Cybercab rollout will be aggressive and fast-paced, but within reason. Tesla is still prioritizing safety, so these testing phases will likely go on for some period of time before more members of the public are able to snag a Cybercab for a personal chariot.
Tesla hints its already prepping for Cybercab fleet orders
Tesla Robotaxi riders will face the best dilemma when booking a ride
