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Tesla Semi lawsuit drags on with small victory for Nikola Motor
Almost two years ago, Nikola Motors surprised the trucking market by filing a $2 billion lawsuit alleging that the Tesla Semi copied several design elements from the Nikola One, the truck-maker’s flagship hydrogen long hauler. News about the patent lawsuit has been scarce for over a year, but recent updates indicate that Nikola has snatched a small victory from the Silicon Valley-based electric car maker.
Nikola’s case listed several characteristics of the One that were allegedly copied by Tesla. These included the Semi’s wraparound windshield, mid-entry door, front fenders, and the all-electric truck’s aerodynamic shape. To highlight its point, Nikola stated that the similar drag coefficients between the One (0.37) and the Semi (0.36) was further proof that the battery electric long hauler was copied from the hydrogen fuel-cell sleeper cab.
Excerpts from Nikola’s lawsuit pointed out that the Semi’s design had caused confusion among the One’s customers, diverting sales from the hydrogen truck maker to Tesla. Nikola also argued that these confusions might result in the Semi’s problems being attributed to the One, such as those resulting from Tesla’s batteries and Autopilot software. These, according to Nikola, are causing damage to its brand.
“Tesla has had problems with its batteries starting fires and its autonomous features causing fatal accidents. Should these problems arise with the Tesla Semi, the market will attribute these problems to Nikola because of the similarities between the two vehicles. Customers will also impute the Tesla Semi’s limitations (distance and charging time) to Nikola, which will make Nikola’s product less appealing to customers,” the hydrogen truck maker noted in its complaint.
Unfortunately for Nikola, cases that are centered on design patents are very difficult to prove. This point was especially highlighted in August 2018 when the US Patent Office awarded Tesla a pair of design patents for the Semi that actually listed the Nikola One as a reference, which meant that the examiner deemed Tesla’s design as unique. For Nikola to win its case against Tesla, it would have to prove that the US Patent Examiner made a mistake when comparing the Semi and the One’s designs, and that’s a very difficult point to argue.
Yet if recent tweets from Nikola CEO Trevor Milton are any indication, it appears that the hydrogen truck maker has stood by its lawsuit against Tesla. As it turned out, Tesla had filed a request with the Patent Trial and Appeal Board in September 2019 asking for a review to invalidate Nikola’s side door patent for the One. This request seems to have failed. Granted, it is a very small victory for Nikola, considering that it is fighting an incredibly steep uphill battle. Still, the dismissal of Tesla’s effort is a victory for the hydrogen truck maker nonetheless.
“Tesla loses bid to invalidate @nikolamotor patents in USPTO dispute. USPTO not only upheld Nikola semi truck important patents but refused Tesla’s ask to modify our patents. Two billion-dollar lawsuit moving forward. We will defend our company’s IP no matter who it is,” Milton wrote on Twitter.
In a statement to Forbes, Nikola Chief Legal Officer Britton Worthen lauded the decision, stating that the development was “obviously favorable” and that the company believes the matter was “decided correctly.” Tesla, for its part, has declined to comment. That being said, a Tesla spokesperson has noted in the past that “It’s patently obvious there is no merit to this lawsuit.” Elon Musk does not seem to be bothered by the suit either, noting in a previous earnings call that the entire situation is a case of fate loving irony.
Ultimately, the Nikola One may very well be beaten to the market by the Tesla Semi. While the One was unveiled prior to Tesla’s all-electric truck, prototypes of the Semi have been conducting real-world testing since the vehicles were unveiled. Recent sightings of the all-electric trucks suggest that the vehicles are now being tested in harsh conditions. This hints that Tesla may actually be on track to start early production runs of the Semi sometime later this year, as hinted at by the company in the past. Nikola, for its part, seems to be on track to release the Nikola Two, a shorter-range, battery electric truck, before the One. The company expects to start production of its trucks next year.
Elon Musk
SpaceX’s $24B Starbase supercomputer plan slipped past a key roadblock
SpaceX wants a Starbase tax break for a $24 billion gas plant and supercomputer campus.
SpaceX is asking its own company town for a tax break on a $24 billion natural gas power plant and supercomputing facility at Starbase, Texas, and the land it picked sits just outside the reach of a data center moratorium that took effect in neighboring Brownsville last week.
A City of Starbase public hearing notice says SpaceX “proposes to construct, own, and operate a gas-fired power plant and super-compute facility” on roughly 444 acres between Boca Chica Boulevard and the Port of Brownsville. The $24 billion figure covers only the initial phases, and the notice leaves room for future expansions. The Starbase City Commission will consider a property tax abatement and a related economic development agreement at a 7 p.m. hearing on December 9. The notice does not disclose the size or length of the abatement, or how much computing capacity the site would hold.
The location has a history. Over the summer, SpaceX asked Brownsville to remove the tract from its city limits and offered $220 million for water and wastewater projects in return. Brownsville approved the move in August, and Starbase later annexed the land. Brownsville’s own 90-day pause on data center applications took effect last week, and had the tract stayed inside the city, the project likely would have needed a different home.
The power side is already in front of state regulators. SpaceX has applied to the Texas Commission on Environmental Quality for air permits covering 35 mobile gas turbines producing roughly 750 megawatts, according to Politico, which also noted that two of the three Starbase commissioners voting on the incentives are SpaceX executives.
Building its own plant lets SpaceX skip the Texas grid. Gov. Greg Abbott paused new data center grid connections in August pending an audit, but a facility that generates its own electricity does not need one. The air permit still has to clear the TCEQ, where Abbott also ordered a halt on data center permits.
The bigger test arrives in January. Governor-elect Gina Hinojosa, who unseated Abbott last week, has said she will block data center approvals until the legislature passes new protections, and she has already asked state officials to hold off on any sale of Boca Chica State Park to SpaceX until she is sworn in. Tesla and SpaceX shares both fell the day after the election, and Musk’s first reaction on X was “Data centers in space looking pretty appealing right now.”
That line points to Starmind, SpaceX’s orbital compute constellation. Musk has said terrestrial compute will be “peanuts compared to orbital compute” and expects monthly orbital deployments to pass ground deployments around the end of 2028, as Teslarati reported. Until then, SpaceX still needs gigawatts on the ground. It ended the third quarter with 1.7 GW of nameplate compute, is targeting 2.5 to 3 GW by the end of this year and wants at least 10 GW more in 2027. Its existing Colossus sites around Memphis already run on gas turbines and face a lawsuit from residents over emissions.
Local reaction is split. The South Texas Environmental Justice Network has announced a protest, citing air quality, water use and energy bills, while some Brownsville residents told the Tribune they welcome the jobs. SpaceX did not respond to the Tribune’s questions about the project.
Tesla CEO Elon Musk announced that the company will extend Cybertruck production slightly to handle its extensive order backlog.
On Wednesday, Musk announced that “In order to work through more of the Cybertruck order backlog, production will be extended through the end of summer 2027.”
In order to work through more of the Cybertruck order backlog, production will be extended through the end of summer 2027
— Elon Musk (@elonmusk) November 11, 2026
Tesla has already attempted to simplify its last months of production for the Cybertruck by eliminating several trim levels and only offering the Cyberbeast, the most expensive trim that starts at $109,990. The other two trim levels, the Cybertruck All-Wheel-Drive and Premium All-Wheel-Drive have both been discontinued.
There has been plenty of backlash against Tesla’s decision to ax the Cybertruck, but the company’s forecast prioritizes Cybercab and autonomy. Factory space at Gigafactory Texas that is not necessary is now being set aside for the Cybercab as the company truly embraces its “transportation-as-a-service” model.
There is still a slim chance the Cybertruck survives. Last evening, Tesla upfitter Unplugged Performance offered to take the Cybertruck line off of Tesla’s hands and continue building it, along with a CyberSUV.
Nevertheless, Tesla seems to be ending the Cybertruck on its terms after what will be a three-and-a-half-year run. It still does not really feel quite real; I think many of us thought the Cybertruck would be around for years to come.
Musk added more detail, stating that while it was not the smartest move, “there must be some room in this world for sentimentality or what’s the point?”
This is not the smartest move from a profit-maximizing standpoint btw, but there must be some room in this world for sentimentality or what’s the point?
— Elon Musk (@elonmusk) November 11, 2026
Other EV pickups on the market have experienced a similar fate.
The Ford F-150 Lightning was axed by the Detroit company due to the continued losses the company took from sales. That truck was never profitable, and Ford is still taking a quarterly loss in its EV side. However, things are moving along as it has plans for a mass market EV pickup, which will likely gather some substantial demand if Ford can get it just right.
Perhaps another extension or even a total change of heart might come. Only Musk knows.
In a sudden and closely watched milestone, Tesla Robotaxi has edged past Waymo on the Texas Department of Motor Vehicles automated vehicle registry. As of November 10, Tesla lists 1,302 registered vehicles under Tesla Robotaxi, LLC, compared with Waymo’s 1,297.
The flip is narrow, but real, according to the State’s books. Tesla’s Texas fleet, following an expansion on November 10, now consists of 729 Model Ys and 573 purpose-built Cybercab vehicles. Waymo’s roster is dominated by the Jaguar I-PACE and a growing number of Zeekr-based Ojai minivans.
NEW: Tesla Robotaxi just added 20 Tesla Model Ys to its fleet. The Texas fleet now stands at 1302 vehicles.
Live tracker: https://t.co/ri0WMLRhCQ
Tracker powered by @EVject
— Texas Autonomous Vehicle Tracker (@texasavtracker) November 10, 2026
Those figures come from the same public TxDMV automated vehicle listings that independent trackers have monitored since a Texas law required operators to disclose fleet sizes.
The scale of Tesla’s climb is pretty interesting and shows how much the company has grown its autonomous ride-hailing fleet over the past months. When the registry first became public in late May 2026, Tesla listed just 42 vehicles on it. Meanwhile, Waymo had several hundred vehicles registered to it.
Tesla CEO Elon Musk shades Waymo: ‘Never really had a chance’
Since then, Tesla has multiplied its authorized Texas fleet more than thirty times, driven by repeated Model Y additions and a steady build of Cybercabs. Waymo has also expanded, but at a slower pace than Tesla.
It is also important to note that registrations are not necessarily equal to operational fleet. The TxDMV list shows the number of vehicles each company is permitted to run, but it does not report how many are actively carrying riders, which cities they serve, or trip volume. Both companies stage vehicles and run mixed fleets that can include units in testing or temporarily offline.
A lead on the registry therefore signals capacity and regulatory positioning more than immediate ride volume.
Tesla has use the growing authorized fleet to expand its unsupervised service beyond the original Austin geofence area, as now it is flowing into cities like San Antonio and Dallas. The company has highlighted plans for a broader Cybercab deployment, eventually into new states and territories.
Waymo is operating across multiple Texas markets and in other areas of the United States.
Right now, the five-vehicle margin is thin and could reverse with the next large registration from either side. For the moment, however, the public Texas record shows Tesla holding the larger authorized Robotaxi fleet in the state.
SpaceX’s $24B Starbase supercomputer plan slipped past a key roadblock
Tesla extends Cybertruck production as Musk concedes ‘sentimentality’
