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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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Tesla Robotaxi has already surpassed Waymo in this key metric

Tesla Robotaxi has already overtaken Waymo in Austin in one key metric, but there’s still more work to do.

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2 hours ago

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July 14, 2025

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Credit: @HanChulYong/X

Tesla Robotaxi has already surpassed Waymo in one extremely important key metric: size of service area.

Tesla just expanded its service area in Austin on Monday morning, pushing the boundaries of its Robotaxi fleet in an interesting fashion with new capabilities to the north. Yes, we know what it looks like:

The expansion doubled Tesla Robotaxi’s potential travel locations, which now include the University of Texas at Austin, a school with over 53,000 students.

The doubling of the service area by Tesla has already made its travel area larger than Waymo’s, which launched driverless rides in October 2024. It became available to the public in March 2025.

According to Grok, the AI agent on X, Tesla Robotaxi’s current service area spans 42 square miles, which is five square miles larger than Waymo’s service area of 37 square miles.

The service area is one of the most important metrics in determining how much progress a self-driving ride-hailing service is making. Safety is the priority of any company operating a ride-hailing network, especially ones that are making it a point to use autonomy to deploy it.

However, these companies are essentially racing for a larger piece of the city or cities they are in. Waymo has expanded to several different regions around the United States, including Arizona and Los Angeles.

Tesla is attempting to do the same in the coming months as it has already filed paperwork in both California and Arizona to deploy its Robotaxi fleet in states across the U.S.

As the platform continues to show more prowess and accuracy in its operation, Tesla will begin to expand to new areas, eventually aiming for a global rollout of its self-driving service.

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Tesla Megapacks arrive for massive battery replacing coal plant

Tesla Megapacks have started arriving on-site to the Stanwell Battery Project, just as Queensland prepares to wind down the Stanwell coal plant.

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3 hours ago

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July 14, 2025

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Tesla-megapack-pilot-project-willowbrook-mall
Credit: Tesla

The first of over 300 Tesla Megapacks have arrived to the site of a massive battery energy storage system (BESS) being built in Australia, dubbed the Stanwell Battery Project after a coal plant it’s set to replace.

In a press release last week, the Stanwell Battery Project announced that the first Tesla Megapack 2XL units had arrived to the site, which is located outside of Rockhampton in Queensland, Australia. The project will eventually feature 324 Megapack units, set to arrive in the coming months, in order to support the 300MW/1,200MWh battery project.

“The Stanwell Battery is part of the diversification of our portfolio, to include cleaner and more flexible energy solutions,” said Angie Zahra, Stanwell Central Generation General Manager. “It is just one part of the 800 MW of battery energy storage capacity we have in our pipeline.

“Capable of discharging 300 MW of energy for up to four hours (1,200 MWh), our mega battery will be one of the largest in Queensland.”

Credit: Stanwell

READ MORE ON TESLA MEGAPACKS: Tesla Lathrop Megafactory celebrates massive Megapack battery milestone

The state is working with government-owned company Yurika to facilitate construction, and the process is expected to create roughly 80 jobs. The project is expected to come fully online in May 2027, with initial commissioning of the Megapacks aiming for November 2025.

The Stanwell Battery is set to replace the nearby Stanwell coal generation plant, which the government is planning to wind down starting in 2026 as part of efforts to reach an 80 percent renewable energy generation ratio by 2035. Meanwhile, the government is also set to begin winding down the Tarong and Callide coal plants, while several other Megapack projects are being built or coming online. o ya

Tesla currently has two Megapack production facilities, located in Lathrop, California, in the U.S. and another that came online earlier this year in Shanghai, China. The Shanghai Megafactory shipped its first units to Australia in March, while both factories are expected to be capable of producing 10,000 Megapack units per year upon reaching volume production.

xAI receives more Tesla Megapacks for Colossus 2

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The Tesla Diner is basically finished—here’s what it looks like

The company first broke ground on the Diner, Drive-in, and Supercharger location in September 2023. Now, it has served one of its first internal customers.

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4 hours ago

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July 14, 2025

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Tesla has finally completed the construction of its highly anticipated Diner, Drive-in, and Supercharger in Los Angeles, and recent photos of the interior’s “retro-futuristic” style are making their way around the internet.

X user Brad Goldberg shared photos from the Tesla Diner site last Tuesday, depicting some of the Supercharger stalls, indoor and outdoor seating areas, multiple neon lights, and even an Optimus robot. Goldberg also noted that there had been a “flurry of activity on site” while he was snapping the photos last week, suggesting that the restaurant location could be getting close to opening.

The Tesla Diner also served one of its first internal customers in the past few days, as Elon Musk posted on X on early Monday morning that he had just finished up eating a meal at the site:

I just had dinner at the retro-futuristic Tesla diner and Supercharger.

Team did great work making it one of the coolest spots in LA!

The photos also show that the site is pretty much done, with some of them even showing vehicles charging at the charging stalls.

You can see some of the latest photos of the Tesla Diner below.

Credit: BradGoldbergMD | X

Credit: BradGoldbergMD | X

Credit: BradGoldbergMD | X

Credit: BradGoldbergMD | X

Credit: TeslaKing420 | X

Credit: TeslaKing420 | X

Credit: Brad Goldberg (via Sawyer Merritt on X)

Credit: Brad Goldberg (via Sawyer Merritt on X)

Credit: Brad Goldberg (via Sawyer Merritt on X)

Credit: Brad Goldberg (via Sawyer Merritt on X)

Credit: Brad Goldberg (via Sawyer Merritt on X)

READ MORE ON TESLA’S LA DINER: Tesla readies Drive-In Diner Supercharger for launch with app inclusion

When will the Tesla Diner open to external customers?

While it’s still not open to external customers yet, the news again suggests that the company could be close to an official opening date. Tesla first broke ground on the Diner in September 2023, after receiving a wave of building permit approvals throughout that year. Teslarati also covered much of the construction progress throughout last year, including when crews installed the first and second drive-in screens.

Located at 7001 West Santa Monica Boulevard, the idea was first discussed in 2018 by Musk and a few others on Twitter, featuring 1950s rock and roll, waiters on roller skates, and drive-in movie theater screens playing clips from some of history’s best movies. Notably, the photos of the front doors also show that the site will be open 24 hours a day, 7 days a week, whenever it does end up opening.

Tesla’s progress on Supercharger with diner, drive-in seen in aerial footage

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