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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. 

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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.

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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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Cybertruck

Elon Musk clarifies Tesla Cybertruck ’10 day’ comment, fans respond

Some are arguing that the decision to confirm a price hike in ten days is sort of counterproductive, especially considering it is based on demand. Giving consumers a timeline of just ten days to make a big purchase like a pickup truck for $60,000, and basically stating the price will go up, will only push people to make a reservation.

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Credit: Tesla

Elon Musk has clarified what he meant by his comment on X yesterday that seemed to indicate that Tesla would either do away with the new All-Wheel-Drive configuration of the Cybertruck or adjust the price.

The response was cryptic as nobody truly knew what Musk’s plans were for the newest Tesla Cybertruck trim level. We now have that answer, and fans of the company are responding in a polarizing fashion.

On Thursday night, Tesla launched the Cybertruck All-Wheel-Drive, priced competitively at $59,990. It was a vast improvement from the Rear-Wheel-Drive configuration Tesla launched last year at a similar price point, which was eventually cancelled just a few months later due to low demand.

Tesla launches new Cybertruck trim with more features than ever for a low price

However, Musk said early on Friday, “just for 10 days,” the truck would either be available or priced at $59,990. We can now confirm Tesla will adjust the price based on more recent comments from the CEO.

Musk said the price will fluctuate, but it “depends on how much demand we see at this price level.”

Some are defending the decision, stating that it is simply logical to see how the Cybertruck sells at this price and adjust accordingly.

Others, not so much.

Some are arguing that the decision to confirm a price hike in ten days is sort of counterproductive, especially considering it is based on demand. Giving consumers a timeline of just ten days to make a big purchase like a pickup truck for $60,000, and basically stating the price will go up, will only push people to make a reservation.

Demand will look strong because people want to lock in this price. The price will inevitably go up, and demand for the trim will likely fall a bit because of the increased cost.

Many are arguing Musk should have kept this detail internal, but transparency is a good policy to have. It is a polarizing move to confirm a price increase in just a week-and-a-half, but the community is obviously split on how to feel.

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Cybertruck

Tesla Cybertruck’s newest trim will undergo massive change in ten days, Musk says

It appears as if the new All-Wheel-Drive trim of Cybertruck won’t be around for too long, however. Elon Musk revealed this morning that it will be around “only for the next 10 days.”

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(Credit: Tesla)

Tesla’s new Cybertruck trim has already gotten the axe from CEO Elon Musk, who said the All-Wheel-Drive configuration of the all-electric pickup will only be available “for the next ten days.”

Musk could mean the price, which is $59,990, or the availability of the trim altogether.

Last night, Tesla launched the All-Wheel-Drive configuration of the Cybertruck, a pickup that comes in at less than $60,000 and features a competitive range and features that are not far off from the offerings of the premium trim.

Tesla launches new Cybertruck trim with more features than ever for a low price

It was a nice surprise from Tesla, considering that last year, it offered a Rear-Wheel-Drive trim of the Cybertruck that only lasted a few months. It had extremely underwhelming demand because it was only $10,000 cheaper than the next trim level up, and it was missing a significant number of premium features.

Simply put, it was not worth the money. Tesla killed the RWD Cybertruck just a few months after offering it.

With the news that Tesla was offering this All-Wheel-Drive configuration of the Cybertruck, many fans and consumers were encouraged. The Cybertruck has been an underwhelming seller, and this seemed to be a lot of truck for the price when looking at its features:

  • Dual Motor AWD w/ est. 325 mi of range
  • Powered tonneau cover
  • Bed outlets (2x 120V + 1x 240V) & Powershare capability
  • Coil springs w/ adaptive damping
  • Heated first-row seats w/ textile material that is easy to clean
  • Steer-by-wire & Four Wheel Steering
  • 6’ x 4’ composite bed
  • Towing capacity of up to 7,500 lbs
  • Powered frunk

It appears as if this trim of Cybertruck won’t be around for too long, however. Musk revealed this morning that it will be around “only for the next 10 days.”

Musk could mean the price of the truck and not necessarily the ability to order it. However, most are taking it as a cancellation.

If it is, in fact, a short-term availability decision, it is baffling, especially as Tesla fans and analysts claim that metrics like quarterly deliveries are no longer important. This seems like a way to boost sales short-term, and if so many people are encouraged about this offering, why would it be kept around for such a short period of time?

Some are even considering the potential that Tesla axes the Cybertruck program as a whole. Although Musk said during the recent Q4 Earnings Call that Cybertruck would still be produced, the end of the Model S and Model X programs indicates Tesla might be prepared to do away with any low-volume vehicles that do not contribute to the company’s future visions of autonomy.

The decision to axe the car just ten days after making it available seems like a true head-scratcher.

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Elon Musk

Elon Musk’s Neuralink sparks BCI race in China

One of the most prominent is NeuroXess, which launched in 2021 and is already testing implants in patients.

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Credit: Neuralink

Neuralink, founded by Elon Musk, is helping spark a surge of brain-computer interface (BCI) development in China, where startups are moving quickly into human trials with strong state backing. 

One of the most prominent is NeuroXess, which launched in 2021 and is already testing implants in patients.

Neuralink’s clinical work and public demonstrations have drawn worldwide attention to invasive brain implants that allow patients to control digital devices using their minds. The company is currently running a global clinical trial and is also busy preparing for its next product, Blindsight, which would restore vision to people with visual impairments.

Neuralink’s visibility has helped accelerate similar efforts in China. Beijing last year classified brain-computer interfaces as a strategic sector and issued a roadmap calling for two or three globally competitive companies by 2030, as per the Financial Times. Since February last year, at least 10 clinical trials for invasive brain chips have launched in the country.

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NeuroXess recently reported that a paralyzed patient was able to control a computer cursor within five days of implantation. Founder Tiger Tao credited government support for helping shorten the path from research to trials.

Investment activity has followed the policy push. Industry data show dozens of financing rounds for Chinese BCI startups over the past year, reflecting rising capital interest in the field. Ultimately, while Neuralink remains one of the most closely watched players globally, its momentum has clearly energized competitors abroad.

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