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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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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 CEO Elon Musk reveals ideal timeline for insane self-driving feature

Tesla CEO Elon Musk has extremely optimistic expectations for Full Self-Driving progress by the end of 2025.

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Credit: Tesla

Tesla CEO Elon Musk has revealed his ideal timeline for what would likely be the most insane self-driving feature: the ability for drivers to play video games at the wheel.

There are a handful of videos out there of drivers already performing this task. Nobody using Tesla’s Full Self-Driving suite should perform these activities, as the company maintains the system is not fully autonomous.

Drivers are responsible for the vehicle and should be prepared to take over.

Tesla has put a lot of faith in its development of Full Self-Driving and has made tremendous strides over the past few years. Capabilities have gotten more refined and accurate through various methods, including data collection and hardware improvements.

Tesla kicks Robotaxi geofence expansion into high gear in Austin

It has gotten so good that Tesla launched a Robotaxi platform in Austin, Texas, on June 22. Passengers can hop in the back of a Model Y and will be transported around the city in a confined geofence that is about 90 square meters in size. There is nobody in the driver’s seat, but there is a Safety Monitor in the passenger’s seat.

Tesla launched a similar experience in California’s Bay Area last week, but the company has placed the Safety Monitor in the driver’s seat for that region for the time being.

Eventually, Tesla will get to a point where no monitor is needed, and the vehicles will be able to drive themselves. Many believe that it is a few years away, but Musk believes Tesla could achieve it very soon.

After a video of someone playing Grand Theft Auto in their Cybertruck while operating Full Self-Driving was shared on the social media platform X, Musk said this capability would be available in “probably 3 to 6 months, depending on regulatory approval in your city and state.”

It is important to remember that Musk has been very optimistic regarding autonomy timelines with Tesla projects. We heard for many years that the company would have self-driving vehicles “by the end of the year,” and those projects did not come to fruition.

While there was progress, there were no fully autonomous vehicles or software versions for customers.

With that being said, Tesla has made tremendous strides in its quest for autonomous vehicles this year, and launching a Robotaxi platform was a huge step in the right direction.

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Tesla rewards CEO Elon Musk with massive, restricted stock package

Tesla announced a new pay package for Elon Musk that is restricted and will award him nearly $30 billion for contributions to the company.

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Justin Pacheco, Public domain, via Wikimedia Commons

Tesla has rewarded CEO Elon Musk with a massive, restricted stock package that equates to about $29 billion in shares in an effort to retain him as the head of the company.

It is also a package that aims to reward Musk for leading numerous Tesla projects that have brought billions in value for shareholders over the past seven years. After his 2018 pay package was rejected by a Delaware Chancery Court, Musk started to question his future at the company.

This move, performed by a Special Committee of the Tesla Board, should retain him for several years.

On Monday morning, Tesla shared on X that it had approved a recommendation from a Special Committee comprised of Board Chair Robyn Denholm and fellow board member Kathleen Wilson-Thompson. It aimed to compensate Musk for his “extraordinary work” and reward him after not receiving “meaningful compensation” for the last eight years.

The post stated that “Tesla is committed to honoring its promises in the 2018 CEO Performance Award and intends to compensate its CEO for his future services commensurate with his contributions to our company and shareholders, we have recommended this award as a first step, ‘good faith’ payment to Elon.”

The award includes the following:

  • 96 million restricted shares of stock, subject to Elon paying a purchase price upon meeting a two-year vesting term, to be delivered after receipt of antitrust regulatory approval
  • The purchase price will be equal to the split-adjusted exercise price of the stock options awarded to Elon under the 2018 CEO Performance Award ($23.34 per share)
  • A requirement that Elon serve continuously in a senior leadership role at Tesla during the two-year vesting term
  • A pledging allowance to cover tax payments or the purchase price
  • A mandatory holding period of five years from the grant date, except to cover tax payments or the purchase price (with any sales for such purposes to be conducted through an orderly disposition in coordination with Tesla); and
  • If the Delaware courts fully reinstate the 2018 CEO Performance Award, this interim award will be forfeited or returned or a portion of the 2018 CEO Performance Award will be forfeited. To put it simply, there cannot be any “double dip.” Elon will not be able to keep this new award in addition to the options he will be awarded under the 2018 CEO Performance Award, should the courts rule in our favor

The board added:

“The Special Committee believes now is the right time to take decisive action to recognize the extraordinary value that Elon created for Tesla shareholders. As such, the Board (with Elon and Kimbal Musk recusing themselves) has unanimously approved a recommendation from the Special Committee of the Board to grant Elon an award of restricted stock equal to approximately one-third of the compensation he earned under the 2018 CEO Performance Award.”

Musk and his brother, Kimbal, are both members of the Tesla board. However, both Musk brothers recused themselves from any voting on this pay package.

The move comes as Musk has hinted on several occasions that he is concerned about his control of the company. His current stake in Tesla stands at about 12.8 percent. He has said a few times he would be more comfortable with a 25 percent stake to protect himself against “activist shareholders.”

He commented on it during the Q2 Earnings Call in late July:

“That is a major concern for me, as I’ve mentioned in the past. I hope that is addressed at the upcoming shareholders’ meeting. But, yeah, it is a big deal. I want to find that I’ve got so little control that I can easily be ousted by activist shareholders after having built this army of humanoid robots. I think my control over Tesla, Inc. should be enough to ensure that it goes in a good direction, but not so much control that I can’t be thrown out if I go crazy.”

The pay package should alleviate any concerns that Tesla would lose Musk as its CEO. Retaining him is perhaps the biggest step in ensuring consistent progress is made on several fronts, including AI and Robotics.

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Tesla kicks Robotaxi geofence expansion into high gear in Austin

Tesla has nearly doubled its Robotaxi geofence in Austin for the second time less than two months after it initially launched.

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Credit: @AdanGuajardo/X

Tesla has kicked the expansion of its Robotaxi geofence in Austin, Texas, into high gear, as it grew the service area once again early Sunday morning.

Tesla launched its Robotaxi platform in Austin on June 22, and less than a month later, it was able to expand it. After its first expansion, Tesla had a larger geofence than Waymo, which launched its driverless ride-hailing service to the public in Austin in March. Waymo expanded the week after Tesla’s first augmentation.

Waymo responds to Tesla’s Robotaxi expansion in Austin with bold statement

Now, Tesla has answered Waymo once again by developing its service area in Austin to an even larger size. We expected it, as just two weeks ago, CEO Elon Musk said that the company would be growing the Austin geofence, but did not give an indication by how much.

The first geofence in Austin was roughly 20 square miles. On July 14, when the first expansion took place, Tesla Robotaxi riders had roughly 42 square miles of downtown Austin available for travel.

On the morning of August 3, Tesla nearly doubled the geofence by growing it to roughly 80 square miles, according to Grok. For reference, Waymo’s current service area in Austin is about 90 square miles:

The expansion further extends the Southern portion of the geofence, going into suburban zones such as Barton Creek.

The continuous growth shows Tesla is prepared to extend its geofence in basically any direction. Now that it is going into suburban areas, we may get to see more Austin residents experience Robotaxi for an entire evening of activities, including pickup and dropoff at home.

The only question that remains is how much Tesla can expand at one time. The company seems to have the ability to push the geofence to a majority of Austin, but it maintains that safety is its biggest priority.

The company was spotted testing vehicles in the West Austin suburbs in areas like Marble Falls recently, indicating that Tesla could be expanding its service area to hundreds of square miles in the coming months.

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