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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’s next Starship flight set to make history on Friday the 13th

SpaceX is targeting Friday, November 13 for Starship Flight 15 and its first ship catch.

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SpaceX is targeting Friday, November 13 for Starship Flight 15, the mission the company plans to use for its first attempt at catching the ship itself with the launch tower.

SpaceX Vice President of Launch Kiko Dontchev shared the date on stage at the UP.Summit on Thursday, according to Ars Technica’s Eric Berger, who was in attendance. It is the first launch target to come directly from a SpaceX executive. Until now, the public schedule had relied on FAA air traffic planning slides, which listed Flight 15 for no earlier than November 8 and later November 12. SpaceX has not posted an official mission page yet, and no launch time has been shared.

The date lands inside the window Elon Musk sketched out last month. Speaking at Giga Texas on October 10, Musk said the flight would “probably launch a little bit before Thanksgiving,” as Teslarati reported. On SpaceX’s third quarter earnings call ten days later, he confirmed that Flight 15 would try to catch both the Super Heavy booster and the ship, and put the odds of a successful ship catch at “more likely than not.” SpaceX also aired an animation of the maneuver during that webcast, showing the ship swinging vertical over Starbase before dropping into the tower’s chopsticks.

The hardware is ready. Booster 22 fired all 33 of its Raptor engines for a full duration static fire at Pad 2 on October 25. Ship 42 followed with a single engine burn simulating a deorbit maneuver on October 26 and a 60 second firing of all six engines the next day, according to NASASpaceflight. Ship 42 had already rehearsed the catch in September, when the Pad 2 arms lifted it into position and crews connected the quick disconnect arm while the vehicle hung from the tower.

The remaining hurdle is regulatory. The FAA’s Starship page does not yet list a Flight 15 license. SpaceX President Gwynne Shotwell said in October that, after “significant constructive engagement with the FAA,” she expects the license to cover a return to the launch site and a tower catch for both stages. Bringing the ship home means a reentry path that heads toward land, rather than ending over open ocean as every Starship flight so far has.

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SpaceX has caught Super Heavy three times, on Flights 5, 7 and 8, but the ship comes back from orbital velocity and has never been caught. Flight 14 on September 28 was the first Starship to reach orbit, deploying 26 Starlink V3 satellites before splashing down despite an early engine shutdown that Musk blamed on engine computer software.

Musk has called a successful ship catch “the first time that there’s been full recovery of an orbital class rocket,” and he has already named the step after it: a Flight 16 where both the booster and the ship fly again. NASASpaceflight reports that Ship 43, the next vehicle in line, is set for static fire testing in December.

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EVgo taps Tesla Superchargers for mass charging expansion

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Credit: EVgo

EVgo has tapped Tesla Superchargers for its most recent efforts to expand its charging presence in the United States, a move that seems logical based on the effectiveness of the automaker’s own infrastructure.

EVgo opened its first Supercharger site in Illinois, a 12-stall station near downtown Chicago at 3145 South Ashland Avenue in the Riverside Square & River’s Edge center, right beside a grocery store. This marks the start of the company’s plan to deploy hundreds of Supercharger stalls across the United States, primarily at grocery-anchored Regency Centers properties where drivers can shop, eat, or run errands while they charge.

The new location uses Tesla’s Magic Dock technology so both NACS and CCS vehicles can plug in natively without drivers needing to carry their own adapters. Peak power reaches 325 kW at this site, with pricing set between $0.25 and $0.35 per kWh depending on the hour—the same rate for Tesla and non-Tesla drivers.

The stalls also appear in Tesla’s in-car navigation and Trip Planner, making them easy for Tesla owners to find and route to. Illinois has seen EV registrations rise nearly 60 percent over the past two years, and EVgo’s broader network has experienced more than 700 percent growth in charging demand over three years, so the timing fits the market’s trajectory.

Choosing Tesla hardware through the Supercharger for Business program turns out to have been a smart, practical move.

Tesla’s V4 stalls and cabinets deliver high, reliable power with a proven track record of strong uptime, while Magic Dock delivers true dual-standard compatibility in one package. Because the sites show up in Tesla’s navigation tools, EVgo instantly gains visibility among millions of existing Tesla drivers, which should raise utilization and help the company double its addressable market as more vehicles adopt NACS. EVgo still owns the stations and sets pricing, yet benefits from Tesla’s established hardware, longer cables, and operational support.

The result is faster, lower-risk infrastructure expansion that serves every EV driver—Tesla or otherwise—with convenient, high-power charging at everyday retail locations. For drivers, that means fewer adapters, more predictable stops, and a denser network just as electric vehicles become everyday transportation.

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Tesla Giga Texas reportedly moves to 24/7 production

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Credit: @JoeTegtmeyer/X

Tesla’s Austin Gigafactory is reportedly shifting to round-the-clock vehicle production through the end of 2026, according to longtime drone observer Joe Tegtmeyer.

In his November 2 update, Tegtmeyer, widely regarded as one of the most reliable independent sources on Giga Texas activity (we call him the Drone GOAT), stated that the plant has added a night shift, creating two 12-hour production shifts.

Tegtmeyer said in his video:

“Now, I do have some interesting news about that when it comes to the production schedule here at Giga Texas, and things are actually looking pretty good, especially when you think about what the demand is and the delivery numbers that they’re looking for and what they’re expecting. So, normally they have shifts Monday through Friday. It’s a day shift and it’s about 10 hours long or so, give or take. But now they’re on day and night shifts and they’re going to 12-hour days. So they’re going to be adding or they have another shift. They have 12 hours for both of them. In addition to that, the typical downtime that we’re going to be seeing around the holidays, specifically Thanksgiving and Christmas to the New Year time frame is actually changed. And we’re not going to see those big several day events where there is no production. At least that’s what the plan is right now. So, it’s really a great sign, I think, when we consider what they’ve done in the past and what production and the deliveries have been so far. So, maybe it’s shaping up to be a really strong quarter.”

Previously, General Assembly typically operated on a single roughly 10-hour day shift, Monday through Thursday or Friday. The new arrangement keeps General Assembly on its Monday-to-Thursday schedule while adding overnight capacity, and most other areas of the factory continue working the full week with some weekend activity.

Notably, the plant is also forgoing the multi-day shutdowns around Thanksgiving and the Christmas–New Year period that have occurred in prior years

Giga Texas currently builds the Model Y, the larger Model Y L, the Cybertruck, and the Cybercab robotaxi. Tesla has not confirmed the shift change or specified which lines will receive the extra output. Recent comments suggest Cybercab production has been constrained by the pace at which the Robotaxi fleet can absorb new vehicles, making the Model Y and Model Y L the more likely beneficiaries as the company works through order backlogs.

Tegtmeyer’s November 2 footage and commentary also highlighted broader site progress. Cortex 2 continues to expand, with additional compute coming online, a roughly 25 percent lengthening of the structure on the north end, and work on a third cooling plant.

The Boring Company tunnel site showed increased activity in the large launch pit, while the Advanced Technology Chip Fab (a SpaceX–Tesla joint R&D facility) continued steel superstructure and heavy truss installation, along with concrete pours.

The reported capacity increase arrives as Tesla aims for a strong fourth quarter following solid third-quarter results. While unconfirmed by the company, the information aligns with Tegtmeyer’s consistent track record of accurate on-site observations.

If Tesla makes the decision to sustain the all-day production plans, the dual 12-hour shifts would meaningfully raise weekly output potential at one of Tesla’s most important manufacturing hubs.

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