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SpaceX Falcon Heavy rocket rolls out for first launch of 2023

Falcon Heavy is days away from its second launch in ten weeks. (SpaceX)

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SpaceX has assembled Falcon Heavy and rolled the rocket out to the launch pad for its first mission of 2023.

This particular Falcon Heavy – the fifth overall – is reusing both of the side boosters recovered from the rocket’s fourth launch. Originally scheduled to launch in late 2020, Falcon Heavy Flight 4 finally lifted off from the NASA Kennedy Space Center’s LC-39A pad on November 1st, 2022. The two-year delay was caused almost exclusively by unspecified issues with one or several of the US Space Force-44 (USSF-44) mission’s payloads, forcing SpaceX to store completed Falcon Heavy boosters for more than a year and a half.

Thankfully, despite an unplanned 40-month hiatus between missions, the US Space Force reported that Falcon Heavy’s fourth launch was a “simply outstanding” success. USSF-44 was SpaceX’s first attempt at a direct geosynchronous launch – one of the most difficult missions for rockets that use cryogenic liquid propellant. Falcon Heavy first launched payloads to a highly-elliptical parking orbit (~300 km x ~36,000 km) and then coasted for around six hours in the harsh vacuum of space. Once the Falcon upper stage reached that 36,000-kilometer (~22,250 mi) apogee, all the while fighting to keep its propellant from freezing into slush and boiling into gas, it ignited again to complete a circularization burn – raising the low end of its orbit (perigee) to match the apogee.

The payloads were likely deployed around 6-8 hours after liftoff. To complete such a challenging mission, SpaceX was forced to intentionally sacrifice one of Falcon Heavy’s three potentially reusable boosters. But about eight minutes after liftoff, both of the rocket’s side boosters safely touched down side by side at SpaceX’s LZ-1 and LZ-2 landing zones. Before the launch, military officials had confirmed that those boosters – B1064 and B1065 – were already expected to fly again on Falcon Heavy’s next Space Force launch, USSF-67.

Less than 70 days after their first launch and landing, SpaceX has refurbished B1064 and B1065; attached the boosters to another expendable Falcon Heavy center core and upper stage, and rolled the rocket out to Pad 39A for prelaunch testing. Its payloads and exact launch time are different, but USSF-67 is expected to be virtually identical to USSF-44 – launching directly to GSO with a lightweight collection of miscellaneous experiments and small satellites. The center core will be expended and B1064 and B1065 will attempt another simultaneous landing at LZ-1 and LZ-2.

B1064 and B1065 are pictured shortly before their first landings. (SpaceX)
Falcon Heavy is just days away from its fifth launch in five years. (NASASpaceflight Space Coast Live)

Like USSF-44, USSF-67’s rocket rolled out for the first time without its cone-like payload fairing installed. Up next, Falcon Heavy will need to complete a wet dress rehearsal and static fire test before SpaceX and the USSF can clear it for flight. SpaceX will then lower the rocket to the ground, return it to the hangar, install the USSF-67 payload, roll the rocket back to the pad, and raise it vertical.

Unofficial but well-sourced public manifests report that SpaceX intends to launch USSF-67 four days from now, shortly before 6 pm EST (23:00 UTC) on Friday, January 13th. SpaceX took five and a half days to complete the same process for USSF-44, so a delay to January 14th or 15th would not be surprising. But at the moment, Friday’s launch attempt is scheduled shortly after sunset, potentially producing the same kind of extraordinary light shows Falcon 9 has become famous for. However, that show would be significantly magnified by Falcon Heavy’s three boosters and twin boostback burns, potentially making it one of the most visually spectacular launches ever.

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SpaceX’s September 2021 Inspiration4 launch is a good example of the kind of light show Falcon Heavy’s USSF-67 launch could produce. (Richard Angle)

Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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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.

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.

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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