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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. 

https://twitter.com/nikolatrevor/status/1252263189741367296?s=20

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. 

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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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SpaceX will perform Starship double catch attempt with Flight 15

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Credit: SpaceX

SpaceX plans to attempt what will be a defining moment in rocket reusability on Starship Flight 15.

As Elon Musk announced in a recent X post, SpaceX will attempt to catch both the Super Heavy Booster and the Starship upper stage during the upcoming orbital flight. If successful, it will mark the first time that all parts of an orbital rocket return to Earth intact, a breakthrough Musk has called essential to making life multiplanetary.

Previous flights have demonstrated the tower-catch technique with Super Heavy. SpaceX has successfully caught V1 boosters three times (on Flights 5, 7, and 8), with some even reflown. The Ship upper stage has never been caught.

Returning from orbital velocity after deploying payload makes it a significantly harder challenge due to higher energy, heat loads, and the need for precise belly-flop reentry, a flip maneuver, and a final landing burn to settle between the Mechazilla tower’s chopstick arms.

Flight 15, using Booster 22 and Ship 42 (both Block 3 vehicles), is targeted for no earlier than Friday, November 13, 2026, from Orbital Launch Pad 2 at Starbase, Texas. The 75-minute window opens at 4:45 p.m. CT, pending regulatory approval. After hot staging and separation, the booster is planned to return for a catch roughly 6 minutes and 35 seconds after liftoff.

The Ship will insert into a roughly 275 km orbit, deploy 26 advanced Starlink V3 satellites, complete about 14 orbits over more than 22 hours, and—if systems check out—perform a deorbit burn, reentry, flip, and landing burn for a tower catch at approximately T+22 hours 32 minutes.

SpaceX confirms Starship 15 launch window with massive ambitions

A simulation shown during SpaceX’s October earnings call depicted the Ship descending in a belly-flop attitude, flipping upright with a short engine burn, and being captured by the arms:

Contingency splashdown zones exist in the Gulf of Mexico (booster) and Pacific (Ship) if a catch is not viable. SpaceX has stressed rigorous health checks before committing the Ship to a return-to-launch-site trajectory.

Musk has described the odds of success on this first dual-catch attempt as “more likely than not,” noting a steady stream of additional flights is already scheduled if needed. Full recovery would enable rapid inspection, refurbishment, and reflight—slashing costs and supporting the high launch cadence required for Starlink expansion, lunar missions, and eventual Mars settlement.

As Musk put it, this is “the critical breakthrough needed to make life multiplanetary.”

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Tesla Cybercab is set to get some massive improvements

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Credit: TechOperator | X

Tesla Cybercab is going to get some pretty substantial updates, including improvements to efficiency and a new color.

CEO Elon Musk said in a post on X on Saturday that Tesla would be working to refine the Cybercab even more, following the announcement during the week that the company would eliminate the Cybertruck lines within Giga Texas for more Cybercab manufacturing capacity.

“There are efficiency improvements coming that will allow for a 40kWh Cybercab pack,” Musk posted on X. “We will make this in liquid silver, so the colors are not too monotonous.”

A new, more efficient model of the Cybercab will be engineered, which will only help Tesla’s profitability and margins, and it also boosts the argument for why the Cybertruck should be discontinued, at least from a business perspective.

The current Cybercab that operates in the Robotaxi platform in Austin, Texas, has a 48 kWh pack, and it sounds like Musk believes Tesla is on its way to introducing a version that has fewer cells but can manage the same workload thanks to engineering efficiencies.

Credit: Tesla

Musk also doubled down on the decision to prioritize Cybercab production over Cybertruck, which is a decision that has been extremely polarizing within the community, and many fans have made it abundantly clear that they are not particularly pleased with the plans.

“If we have to maintain a complex production line, supply chain, and allocate engineering for Cybertruck, we can’t use those people or factory space and machinery for scaling Cybercab, which is the vehicle that will PROFOUNDLY transform the world of terrestrial transport,” Musk said.

Cybercab is obviously Tesla’s path forward in an automotive sense. It seems that Tesla is less concerned about catering to the passenger vehicle market and is more prone to focus on transforming passenger transportation in a way that prioritizes autonomy. However, this requires some sacrifice on Tesla’s end, and the Cybertruck is unfortunately a victim of this.

Cybercab holds an extremely crucial part of Tesla’s future. With the company already revolutionizing passenger transportation once, this is the next phase, and Cybercab is the path forward.

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Tesla Robotaxi app update now tells riders if Cybercab is the better choice

Tesla’s Robotaxi app now shows ETAs, wait times and availability for Cybercab and Model Y.

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Concept art of a Tesla Cybercab in Las Vegas Strip as rendered via Grok

Tesla has rolled out a new vehicle selection screen in its Robotaxi app, and it puts the numbers riders care about most in front of them before they book.

Version 26.11.0 of the app shows the estimated arrival time, the expected wait and current availability for each vehicle option on a single screen, according to a video shared by @gheeunit  on X on November 7. Riders deciding between a Cybercab and a Model Y Robotaxi can now compare those figures side by side instead of picking a car first and learning how long it will take afterward.

Tesla first gave riders that choice on September 3, the day paid Cybercab rides began in Austin. The original version of the screen listed the Cybercab, which seats two, next to the Model Y, which seats four. A later build, 26.8.2, added a seating capacity indicator so groups knew which car would fit them. What it did not show was whether choosing the Cybercab meant standing on the curb a few extra minutes.

That question matters more now than it did two months ago. Tesla had 45 Cybercabs on the Texas DMV roster when rides started. By late October the state listed 573, alongside 631 Model Ys, and community trackers logged a record 1,576 Cybercab sightings across Austin on Halloween alone. With two large fleets sharing one service area, the closest car and the quickest pickup are not always the same vehicle.

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Inline availability also changes what happens when demand spikes. If no Cybercab is free nearby, the rider sees that on the selection screen rather than after trying to book one.

For now the comparison is mostly an Austin feature. Riders in Dallas, Houston, Fort Worth and the Florida markets are still matched with Model Y vehicles, though Tesla said on its third quarter earnings call that Cybercab rides would launch in Dallas this month.

The update follows a steady run of smaller changes to the rider experience. Late last month Tesla brought a quiet mode that blacks out the cabin screen to Model Y Robotaxis after first testing it in the Cybercab, and it has stretched Austin service to run from 6 a.m. to 2 a.m.

The Cybercab side of that selection screen is about to get much busier. Elon Musk said this week that Tesla will wind down Cybertruck production at Gigafactory Texas around the middle of 2027 to make room for more Cybercab output, and Tesla has said it is aiming to get Cybercabs to customers by the end of this year.

Tesla has not published official release notes for version 26.11.0.

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