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Tesla Semi lawsuit drags on with small victory for Nikola Motor

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5 years ago

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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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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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“Worthy of respect:” Six-seat Model Y L acknowledged by Tesla China’s biggest rivals

Tesla China’s biggest competitors seem to be welcoming the impending arrival of the upcoming six-seater.

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1 hour ago

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July 17, 2025

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Credit: Tesla Asia/X

Tesla’s upcoming launch of the Model Y L in China has drawn praise from the CEOs of rival automakers Nio and Li Auto. While the upcoming extended all-electric crossover has the potential to make a huge impact in the domestic Chinese auto market, some of Tesla China’s biggest competitors seem to be welcoming the impending arrival of the upcoming six-seater.

NIO and Li Auto CEO react

Nio founder, chairman, and CEO William Li responded to Tesla’s announcement on Weibo, stating that with improvements in charging, battery swap infrastructure, and continued innovation in technology and product design, the era of large-space electrified SUVs has fully arrived. He referenced Nio’s sub-brand Onvo and its new L90 SUV as a product born from this shift in the market and encouraged the industry to “power up together,” as noted in a report from CNEV Post.

Li Auto CEO Li Xiang also weighed in, calling the Model Y L a “six-seat pure electric SUV worthy of respect.” He also suggested that consumers interested in vehicles priced between RMB 200,000 and RMB 300,000 should keep an eye on it. He also mentioned his company’s upcoming Li i6, a five-seat all-electric SUV that’s expected to debut in September, as a strong option for buyers not seeking third row seats.

New Model Y L

Tesla confirmed on its official Weibo account that the Model Y L will officially launch in China this fall. The vehicle appeared in China’s MIIT regulatory catalog, which revealed that the Model Y L will feature a longer body and extended wheelbase designed to accommodate its new three-row layout. 

The Model Y L measures 4,976 mm in length with a wheelbase of 3,040 mm, compared to the standard five-seat Model Y’s 4,797 mm length and 2,890 mm wheelbase. While Tesla has yet to announce official pricing, industry reports suggest it could be positioned around RMB 400,000. It remains to be seen if the Model Y L will also be produced in the United States and Germany. 

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Elon Musk reveals SpaceX’s target for Starship’s 10th launch

Elon Musk has revealed SpaceX’s target timeline for the next Starship launch, which will be the tenth in program history.

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14 hours ago

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July 16, 2025

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Credit: SpaceX

Elon Musk has revealed SpaceX’s target timeline for the next Starship launch, which will be the tenth in program history.

Musk says SpaceX is aiming for a timeline of roughly three weeks from now, which would come about ten weeks after the previous launch.

Coincidentally, it would bring the two launches 69 days apart, and if you know anything about Elon Musk, that would be an ideal timeline between two launches.

SpaceX is coming off a test flight in which it lost both the Super Heavy Booster and the Upper Stage in the previous launch. The Super Heavy Booster was lost six minutes and sixteen seconds into the flight, while SpaceX lost communication with the Ship at 46 minutes and 48 seconds.

Musk is aiming for the tenth test flight to take place in early August, he revealed on X:

This will be SpaceX’s fourth test flight of the Starship program in 2025, with each of the previous three flights bringing varying results.

IFT-7 in January brought SpaceX its second successful catch of the Super Heavy Booster in the chopstick arms of the launch tower. The ship was lost after exploding during its ascent over the Turks and Caicos Islands.

IFT-8 was on March 6, and SpaceX caught the booster once again, but the Upper Stage was once again lost.

The most recent flight, IFT-9, took place on May 27 and featured the first reused Super Heavy Booster. However, both the Booster and Upper Stage were lost.

The Federal Aviation Administration (FAA) hit SpaceX with a mishap investigation for Flight 9 on May 30.

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Elon Musk confirms Tesla is already rolling out a new feature for in-car Grok

Tesla is already making in-car Grok more robust with a simple but effective feature that CEO Elon Musk says is “coming.”

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20 hours ago

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July 16, 2025

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Credit: Tesla

Tesla CEO Elon Musk has confirmed that the company will roll out a new feature for in-car Grok as it is rolling out to vehicles for the first time.

Grok was just recently added as a feature to Tesla vehicles within the past week, but owners are already requesting some small changes to make it more convenient to use.

Tesla debuts hands-free Grok AI with update 2025.26: What you need to know

The first is already on the way, Musk confirmed, as WholeMarsBlog requested a simple, but useful feature for Grok as it is used within Tesla vehicles.

Whole Mars requested that “Hey Grok” be used as a wake word, automatically activating the AI assistant without having to touch any buttons. Musk confirmed it is already in development and on the way to vehicles:

This feature is incredibly similar to that of “Hey Siri” with iPhones and other iOS devices. The phone will recognize your voice and hear that prompt, automatically activating Siri. Apple’s assistant will then perform whatever task it is asked to perform. It’s a simple but effective performance feature.

Grok is already getting its first reviews from owners as it rolls out to owners for the first time. It is a long time coming, too. Tesla has been hinting that Grok would be enabled in the vehicles for a while now, and it just started its initial rollout last week.

Grok is available in vehicles with the AMD chip and requires Premium Connectivity or a WiFi connection to use.

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