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Elon Musk’s SEC settlement has cleared a path for Tesla’s record-breaking Q3 results

[Credit: Avron/Twitter]

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For Tesla, the past three months have been filled with incredible milestones and daunting challenges. Since producing 5,000 Model 3 in a week at the end of Q2, the electric car maker has steadily pushed itself out of “production hell” and well into Elon Musk’s self-dubbed “delivery logistics hell.” As the final hours of the third quarter trickle down, Tesla is now on full throttle as it attempts to end Q3 2018 on a historic note.

It has not been easy for Tesla, and particularly its CEO, Elon Musk. It is not difficult to see that Musk’s status as a rockstar CEO has served Tesla well, but at the same time, some of Musk’s personal mistakes have also negatively affected the electric car maker. Earlier this month, for example, Tesla stock took a steep tumble after news of two executive departures were augmented by Musk’s actions during a podcast, which included an instance when he seemingly smoked cannabis. 

Perhaps Musk’s most notable gaffe, though, was a post last August stating that he was considering taking Tesla private at $420 per share, and that he had “funding secured.” The Securities and Exchange Commission (SEC) ultimately filed a lawsuit against Musk over his “funding secured” tweet, claiming that the CEO knowingly misled investors. Musk settled with the SEC this weekend, agreeing to pay a total penalty of $40 million, comprised of a $20 million personal fine and another $20 million fine for Tesla. Part of the settlement also included Musk’s resignation as Chairman of Tesla’s Board of Directors, the appointment of two new independent directors, as well as the creation of a new committee tasked to “place additional controls and procedures to oversee Musk’s communications,” particularly on social media platforms such as Twitter.

While it is unfortunate that Elon Musk must relinquish his post as Chairman of Tesla’s Board of Directors, his settlement with the SEC could ultimately be seen as Musk’s decision to take a personal blow instead of compromising Tesla’s progress. Elon Musk, after all, reportedly rejected the SEC’s initial settlement, and by Friday, it seemed like he was preparing to battle it out with the government agency. This was one of the reasons why the SEC’s announcement on Saturday about Elon Musk’s settlement came as a welcome surprise for the Tesla community.

Ultimately, Elon Musk appears to have put Tesla before his own wishes to fight back against the SEC. And it wasn’t like he was cornered by the government agency either. Former SEC senior counsel Thomas Gorman, who is also a partner at the law firm Dorsey & Whitney, stated that the agency miscalculated when it filed a lawsuit against Musk. Gorman noted that while Elon Musk’s “funding secured” tweet last August was not smart from a business perspective, the SEC would have a very difficult time proving that the CEO actually committed fraud. Gorman further noted that the Saudi fund’s reported interest in Tesla’s take-private deal would likely be enough to make Musk’s statements legal.

“There’s a reasonable basis for what he said. I’m not questioning their motive. I just disagree with their judgment here,” Gorman said.

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Ultimately, Elon Musk’s SEC settlement has now provided a clear path for Tesla to attain a record-breaking third quarter without any unnecessary drama. Elon Musk himself has noted that Tesla’s main challenge now is delivering as many vehicles to reservation holders as quickly as possible. Tesla, for its part, has begun adapting to the delivery challenges. Handovers reportedly go well into the night, home deliveries are being done to a number of reservation holders, and even owners of Tesla vehicles who are willing to volunteer their time have been tapped to help the company in its end-of-quarter push. Tesla’s production and delivery figures this Q3 would likely set new records, and with Elon Musk’s SEC lawsuit in the rearview mirror, there is very little that can come between the electric car maker and even more impressive milestones.

Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Investor's Corner

New drone video shows Tesla’s Optimus Factory reaching a turning point

New drone footage shows Tesla’s dedicated Optimus factory steel frame nearing completion at Giga Texas.

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Tesla’s dedicated Optimus factory at Gigafactory Texas is closing in on a finished steel frame, according to drone footage posted Thursday afternoon by longtime site observer Joe Tegtmeyer. In the video, Tegtmeyer said structural steel assembly is now about five column grids away from reaching the building’s north perimeter beam, putting the primary skeleton in its final stretch roughly six months after Tesla broke ground on the North Campus site in late March.

Tegtmeyer’s footage shows concrete already going in on three upper floors while crews continue laying rebar and pouring grade beam footings at ground level. That kind of parallel work, steel rising at one end of the site while concrete sets at the other, is a scheduling approach Tesla used at the original Giga Texas building and appears to be repeating here to save time before the plant’s targeted 2027 production start.

Teslarati has tracked the building’s progress since Tesla confirmed construction was officially underway in May, when the first steel structure went up on what was then bare, reclaimed land. The facility is part of a more than 5.2 million square foot expansion of Giga Texas’s North Campus that Tesla has said will eventually run nearly the length of the existing vehicle factory, over 4,000 feet, while sitting somewhat narrower. Musk has pegged the long term output target at 10 million Optimus units a year once the line is running at full capacity, a volume that would dwarf the one million unit pilot line Tesla is standing up separately at its Fremont, California factory.

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Tesla Giga Texas to feature massive Optimus V4 production line

The Texas facility sits alongside another major buildout on the same campus. Terafab, the joint Tesla and SpaceX chip fabrication plant that will eventually supply the silicon running Optimus units in the field. Housing robot assembly and chip production on the same grounds is a deliberate supply chain decision, cutting down on the shipping and lead time that would otherwise sit between the two.

Tesla has not given an updated timeline beyond its previously stated goal of bringing high volume Optimus production online at the site in the summer of 2027. Fremont’s smaller pilot line began mass producing the current Gen 3 robot in January, with that plant expected to build tens of thousands of units this year primarily to generate the real world data Tesla needs to refine the robot’s software before Giga Texas ramps up. Six months of visible construction progress, tracked almost entirely through Tegtmeyer’s recurring drone flights, gives the clearest outside look yet at how seriously Tesla is treating that 2027 deadline.

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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.

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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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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.

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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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