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Tesla Semi lawsuit drags on with small victory for Nikola Motor

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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. 

The Tesla Semi visits Yandell Truckaway. (Photo: Arash Malek)

“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. 

The Nikola One hydro-electric semi truck. | Credit: Nikola

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. 

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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.

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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Elon Musk hits back at former Tesla employee who disagrees with pay package

Tesla is worth more than all other automotive companies combined. Which of those CEOs would you like to run Tesla?

It won’t be me.

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elon musk speaking
Credit: TED

Elon Musk gave a tough response to a former Tesla employee who spoke out on X about the structure of the CEO’s pay package, arguing that it is an overpayment and would not generate enough shareholder value.

Without a doubt, the biggest issue on the bill at this year’s Tesla Shareholder Meeting in November is that of the pay package that was proposed to CEO Elon Musk.

As the Shareholder Meeting approaches, Tesla is urging those investors to vote in support of Musk’s pay package. So far, the community has been overwhelmingly supportive of giving Musk his massive payday, which could give him $1 trillion in additional holdings if he completes each of the outlined performance tranches.

However, there are a handful of institutional and individual shareholders who have pushed back against the package, either because of its value or because they feel it does not benefit shareholders enough.

Last week, we reported that Institutional Shareholder Services (ISS) advised voting against Tesla’s pay package for Musk. The firm said the payday would give Musk”extraordinarily high pay opportunities over the next ten years,” and it would “reduce the board’s ability to meaningfully adjust future pay levels.”

Tesla CEO Elon Musk’s $1 trillion pay package hits first adversity from proxy firm

Additionally, it called the value of the pay package “astronomical.”

On Saturday, a former Tesla employee said on X that Tesla’s proposed pay package for Musk would “barely beat inflation and it would underperform the S&P 500 considerably.” Additionally, he said:

“Sorry, Tesla, some of us (and supposedly, ISS too) simply don’t think that underperforming the S&P 500 this much is worth paying somebody 20 billion dollars worth of company value.

As a fan, I love Tesla, I want it to succeed. As a shareholder, I don’t want Tesla to over-pay for its CEO I strongly believe that the 2025 pay package proposal would over-pay for its CEO, and that other competent CEOs could grow Tesla just as much with way less political drama and cost investors much less that this proposal.”

Musk responded bluntly:

“Tesla is worth more than all other automotive companies combined. Which of those CEOs would you like to run Tesla? It won’t be me.”

It seems the worry about Musk’s potential involvement in politics still looms to many, based on the responses to Musk’s post, which frequently mention that as a downside of his last year as Tesla CEO. However, Tesla’s Board confronted that directly.

In its proxy filing after announcing the pay package, Tesla said that it had three commitments, one of which was that the company would “receive assurances that Musk’s involvement with the political sphere would wind down in a timely manner.”

Tesla Board takes firm stance on Elon Musk’s political involvement in pay package proxy

Musk’s previous pay package was approved by shareholders twice, but it never made it to the CEO because of a lawsuit with the Delaware Chancery Court brought forth by a small-time shareholder.

The response from Musk does seem to show that if this time is no different, he will inevitably step down as CEO in the coming years.

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Tesla rivals are lagging behind alarmingly in this crucial EV necessity

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tesla supercharger
Credit: Tesla

Tesla rivals are lagging behind the company in alarming fashion in this crucial EV necessity: charging.

Tesla has had a long-standing reputation for having the most expansive electric vehicle charging infrastructure, and even as other companies have launched their own as part of the vehicle manufacturing, nobody seems to keep pace with the EV leader.

A report from Paren exhibited this trend in Q3, showing that Tesla overwhelmingly dominated EV charging stall installations over the past three months. This data is based on U.S. installations, where Tesla has long held a dominating position as the leader in overall electric vehicle sales for many years.

In Q3, Tesla installed 1,820 new chargers in the United States, bringing its total presence to 34,328, an all-time market share of 53.2 percent of all charging stalls in the country.

What’s alarming is the fact that all other networks — ChargePoint, Red E, Electrify America, EV Connect, EVgo, Ionna, Blink, Pilot Flying J, and Rivian Adventure — only installed 841 chargers collectively in Q3. That is nearly 1,000 units behind Tesla, despite there being nine companies contributing as competitors.

These nine networks have 10,055 stalls in total, the data from Paren shows, accounting for 15.6 percent of the chargers in the United States.

EV charging is such a crucial part of the ownership experience, and also a part of the ongoing expansion of EV adoption in the United States.

As more people buy EVs and they become a more prominent form of passenger transportation, more chargers are needed. Many owners charge at home, but charging options in public are important to have for traveling, commuting, and for those who do not have access to residential charging.

Tesla ownership without home charging: Here’s how it’s done

With Tesla opening its Supercharger Network to the majority of EV brands over the past two years, things have gotten better.

It has been alarming to see so many companies involved in EV infrastructure essentially accept the gap between Tesla and themselves; not a single company has tried to up its pace to catch up to what Tesla has.

When it comes down to it, as long as there is charging, the manufacturer does not truly matter.

However, it would be nice to see Tesla have some competition in the space, but with its domination and head start in the infrastructure division, it seems the company will have this competitive advantage for years to come.

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Tesla updates fans on its plans for the Roadster

Earlier in 2025, Musk said Tesla would host the “most epic demo” for the Roadster in late 2025. We’re in Q4, so time is running out, but we finally got the update we’ve been waiting for from von Holzhausen on the Ride the Lightning podcast yesterday.

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Tesla Roadster and Semi at Tesla Battery Day 2020 Credit: @GuyTesla | Twitter

Tesla has finally updated fans on its plans for the Roadster after stating earlier this year it would host the “most epic demo,” showcasing the vehicle’s capabilities.

The Roadster is amongst the most highly anticipated automotive releases in the entire industry, and was set for release in 2020 initially. However, Tesla got so caught up with scaling up the Model Y and focusing on autonomy that the project took a figurative backseat.

Elon Musk teases Tesla’s “most epic demo” by end of year

In the years since its planned release, we have not seen much of the vehicle. Company executives like Elon Musk and Chief Designer Franz von Holzhausen have hinted at things about it and teased us with potential release dates, but each time, it has been delayed.

Last year, Tesla planned to show something, but Musk saw what improvements had been made from the original design unveiled back in 2017 and figured the company could go a step further, only delaying the project another year.

But what’s another year, right?

Earlier in 2025, Musk said Tesla would host the “most epic demo” for the Roadster in late 2025. We’re in Q4, so time is running out, but we finally got the update we’ve been waiting for from von Holzhausen on the Ride the Lightning podcast yesterday.

Confirming the demo was still on for this year, he also teased some new features that the Roadster will have, like new paint options.

Von Holzhausen said:

“I’m excited to showcase the Roadster for a lot of different reasons. The wait will be worth it.”

Additionally, he said the capabilities of the Roadster are truly something, and they have gotten the vehicle to a point that it seems to test the “limits of physics.” Franz added that Tesla has “really gotten to a point where we are going to be achieving that standard that we set out.”

Obviously, the Roadster is not a major contributor to Tesla’s mission or to its future, which mostly leans on artificial intelligence and Robotaxi or autonomy. However, it is still a product that Tesla needs to offer, as many have put massive $250,000 downpayments on the vehicle in an attempt to purchase one.

Tesla has not yet announced a date for its demo of the Roadster, but based on Franz’s interview, it seems the company is still on track to hold that by the end of the year.

The full episode with Franz von Holzhausen on the Ride the Lightning podcast is available here.

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