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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. 

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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Tesla to increase Full Self-Driving subscription price: here’s when

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Credit: Tesla

Tesla will increase its Full Self-Driving subscription price, meaning it will eventually be more than the current $99 per month price tag it has right now.

Already stating that the ability to purchase the suite outright will be removed, Tesla CEO Elon Musk said earlier this week that the Full Self-Driving subscription price would increase when its capabilities improve:

“I should also mention that the $99/month for supervised FSD will rise as FSD’s capabilities improve. The massive value jump is when you can be on your phone or sleeping for the entire ride (unsupervised FSD).”

This was an expected change, especially as Tesla has been hinting for some time that it is approaching a feature-complete version of Full Self-Driving that will no longer require driver supervision. However, with the increase, some are concerned that they may be priced out.

$99 per month is already a tough ask for some. While Full Self-Driving is definitely worth it just due to the capabilities, not every driver is ready to add potentially 50 percent to their car payment each month to have it.

While Tesla has not revealed any target price for FSD, it does seem that it will go up to at least $150.

Additionally, the ability to purchase the suite outright is also being eliminated on February 14, which gives owners another reason to be slightly concerned about whether they will be able to afford to continue paying for Full Self-Driving in any capacity.

Some owners have requested a tiered program, which would allow people to pay for the capabilities they want at a discounted price.

Unsupervised FSD would be the most expensive, and although the company started removing Autopilot from some vehicles, it seems a Supervised FSD suite would still attract people to pay between $49 and $99 per month, as it is very useful.

Tesla will likely release pricing for the Unsupervised suite when it is available, but price increases could still come to the Supervised version as things improve.

This is not the first time Musk has hinted that the price would change with capability improvements, either. He’s been saying it for some time. In 2020, he even said the value of FSD would “probably be somewhere in excess of $100,000.”

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Tesla starts removing outright Full Self-Driving purchase option at time of order

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(Credit: Tesla)

Tesla has chosen to axe the ability to purchase Full Self-Driving outright from a select group of cars just days after CEO Elon Musk announced the company had plans to eliminate that option in February.

The company is making a clear-cut stand that it will fully transition away from the ability to purchase the Full Self-Driving suite outright, a move that has brought differing opinions throughout the Tesla community.

Earlier this week, the company also announced that it will no longer allow buyers to purchase Full Self-Driving outright when ordering a pre-owned vehicle from inventory. Instead, that will be available for $99 per month, the same price that it costs for everyone else.

The ability to buy the suite for $8,000 for a one-time fee at the time of order has been removed:

This is a major move because it is the first time Tesla is eliminating the ability to purchase FSD outright for one flat fee to any of its vehicles, at least at the time of purchase.

It is trying to phase out the outright purchase option as much as it can, preparing people for the subscription-based service it will exclusively offer starting on February 14.

In less than a month, it won’t be available on any vehicle, which has truly driven some serious conversation from Tesla owners throughout the community.

There’s a conflict, because many believe that they will now lose the ability to buy FSD and not pay for it monthly, which is an attractive offer. However, others believe, despite paying $8,000 for FSD, that they will have to pay more money on top of that cost to get the unsupervised suite.

Additionally, CEO Elon Musk said that the FSD suite’s subscription price would increase over time as capabilities increase, which is understandable, but is also quite a conflict for those who spent thousands to have what was once promised to them, and now they may have to pay even more money.

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Tesla Robotaxi has a highly-requested hardware feature not available on typical Model Ys

These camera washers are crucial for keeping the operation going, as they are the sole way Teslas operate autonomously. The cameras act as eyes for the car to drive, recognize speed limit and traffic signs, and travel safely.

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Credit: David Moss | X

Tesla Robotaxi has a highly-requested hardware feature that is not available on typical Model Ys that people like you and me bring home after we buy them. The feature is something that many have been wanting for years, especially after the company adopted a vision-only approach to self-driving.

After Tesla launched driverless Robotaxi rides to the public earlier this week in Austin, people have been traveling to the Lone Star State in an effort to hopefully snag a ride from one of the few vehicles in the fleet that are now no longer required to have Safety Monitors present.

BREAKING: Tesla launches public Robotaxi rides in Austin with no Safety Monitor

Although only a few of those completely driverless rides are available, there have been some new things seen on these cars that are additions from regular Model Ys, including the presence of one new feature: camera washers.

With the Model Y, there has been a front camera washer, but the other exterior “eyes” have been void of any solution for this. For now, owners are required to clean them manually.

In Austin, Tesla is doing things differently. It is now utilizing camera washers on the side repeater and rear bumper cameras, which will keep the cameras clean and keep operation as smooth and as uninterrupted as possible:

These camera washers are crucial for keeping the operation going, as they are the sole way Teslas operate autonomously. The cameras act as eyes for the car to drive, recognize speed limit and traffic signs, and travel safely.

This is the first time we are seeing them, so it seems as if Safety Monitors might have been responsible for keeping the lenses clean and unobstructed previously.

However, as Tesla transitions to a fully autonomous self-driving suite and Robotaxi expands to more vehicles in the Robotaxi fleet, it needed to find a way to clean the cameras without any manual intervention, at least for a short period, until they can return for interior and exterior washing.

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