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SpaceX settles on Thursday for first Falcon 9 launch of 2021

After a few days of delays, Falcon 9 booster B1060's fourth flight is on track to be SpaceX's first launch of the new year. (Richard Angle)

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After a few days of delays, SpaceX appears to have settled on Thursday, January 7th for the first of several dozen Falcon 9 launches planned in 2021.

Originally scheduled to launch as early as January 4th, SpaceX’s Turksat 5A communications satellite launch was “placed TBD due to mission assurance” on January 1st – an unfortunate catch-all euphemism often used by launch providers in lieu of any real explanation for delays. Regardless, Next Spaceflight reports that Turksat 5A will be Falcon 9 B1060’s fourth launch, a milestone the first stage (booster) has reached just six months after its first flight.

Despite the minor delay, SpaceX’s current target of four launches this month is still well within reach even though the slip exemplifies the uphill battle the company will face as it aims to achieve CEO Elon Musk’s goal of 48 launches in 2021. Weather is currently 60% favorable for SpaceX’s first launch of the year and Turksat 5A is scheduled to lift off no earlier than 8:28 pm EST on January 7th (01:28 UTC, 8 Jan).

Unfortunately, SpaceX’s first launch of the new year has been steeped in unprecedented controversy for the company, including the first-ever instance of mass-protests at its Hawthorne, California factory and headquarters. The reason: Turksat 5A, while partially meant for civilian communications, will also support the Turkish military, which supported Azerbaijan after the country – unprovoked – reignited a long-simmering conflict in the Nagorno-Karabakh region in September 2020.

Stemming from events that transpired over the last several centuries, Armenian-Azeri conflict and Turkish involvement are extraordinarily complex and messy. In the 1910s and 1920s, Turkey (then the Ottoman Empire) infamously committed atrocities against Armenian, Assyrian, and Greek communities within its occupied territory in a process of “Turkification”, systematically killing 1-3 million people in what would ultimately be labeled genocide. In a separate but related conflict, Turkey eventually chose to support Azerbaijan’s claim to the ethnically (75-90%) and historically Armenian territory, backing the country against Armenia in the first Nagorno-Karabakh War in the 1990s.

Azerbaijan reignited the conflict in 2020, resulting in the deaths of at least 6000 combatants and civilians on both sides and ultimately securing a substantial portion of Nagorno-Karabakh territory as part of a November 2020 ceasefire agreement. To an extent, Nagorno-Karabakh’s borders are now more or less back to where they were before the first war in the 1990s. While an avoidable loss of life is inherently deplorable, it’s extremely difficult to say whether Azerbaijan was justified but it and Turkey’s history of systematic and discriminatory hostility towards Armenians leaves little benefit of the doubt worth giving.

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Ultimately, that cloud of ambiguity makes it hard to directly fault SpaceX for choosing to launch Turksat 5A or for its contracts to launch Turksat 5B and future domestically-built satellites. Additionally, if SpaceX should be criticized for willingly launching the satellite, Airbus – contracted by Turkey to build Turksat 5A – is at least as worthy of critique but has yet to be included at all in protest discourse despite the fact that Turkey’s production contract was publicly announced in 2017.

In the history of spaceflight, a satellite that is completed but never launches is all but unheard of, as the inherent bureaucratic and financial inertia behind a launch campaign mere months away from its scheduled liftoff is obviously immense. Even if SpaceX were to accept major financial penalties and back out of its contract, Arianespace, Roscosmos, or ULA would assuredly accept any replacement contract.

For protestors still set on making an impact, the shrewd move would be to redirect attention on future Turkish satellite projects like Turksat 5B, 6A, and beyond with the intention of killing contracts in the cradle – a far more tenable goal.

Stay tuned for more launch details as SpaceX nears its first mission of 2021.

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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