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Tesla case against Xpeng Motors over alleged Autopilot code theft faces roadblock

Credit: Xpeng Motors

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Tesla’s case against Chinese EV maker Xpeng Motors over the alleged theft of its Autopilot source code recently reached an unfortunate roadblock. In a recent update, a federal judge rejected a request from Tesla that would allow the company to access grand jury materials related to a former Apple engineer, who reportedly stole trade secrets before joining the Chinese EV maker. 

Back in mid-January, Tesla subpoenaed XMotors, the US business unit of the China based Xpeng Motors. This was seen as a bid to gather evidence in its civil lawsuit against Cao Guangzhi, who previously worked on Tesla’s Autopilot team as an engineer. Guangzhi is accused of misusing Tesla’s intellectual property for the benefit of Xpeng, his new employer. 

Tesla requested access to several materials, including the entire repository of Xpeng’s XPilot source code, referring to the Chinese EV maker’s own driver-assist system that is intended to rival Autopilot. The American electric car maker also requested access to clones of hard drives from Xpeng senior executives. 

Interestingly enough, Tesla also requested access to court records related to a criminal charge against former Xpeng employee Zhang Xiaolang, who used to work for Apple. Like Cao, the former Apple employee is accused of stealing trade secrets before joining Xpeng. Unfortunately for Zhang, the Chinese EV maker opted to cut ties with him after criminal charges were filed. 

It is these requests that were denied by a federal judge on Wednesday. In an announcement, US District Judge Vince Chhabria stated that the relevance of materials related to Zhang and Tesla’s claims against Cao was “speculative and tenuous.” “Discovery of this information is not proportional to the needs of this case at this time, especially given the potential for interference with an ongoing criminal prosecution, a concern raised by the US Attorney,” the US federal judge wrote, as noted in a TechNode report.

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Apart from these, Tesla will also not be provided with images of work computers from several key Xpeng executives, including CEO He Xiaopeng and President Brian Gu. This was due to the executives being employed solely by China-based Xpeng Motors, not by the company’s US-based XMotors business unit. Tesla is not coming out of its requests empty handed, however. Xpeng is still required to produce the source code for its XPilot system. The source codes from XPilot and Autopilot are poised to be reviewed by a neutral third party, who will determine if any theft was indeed performed. 

Xpeng has been pretty open about the fact that its business is inspired by Tesla, with the company stating that had used the American electric car maker’s patents to develop its vehicles. Its P7 sedan, which was recently revealed, is also poised to be a response to the Model 3, Tesla’s most successful car to date. Unfortunately, some of Xpeng’s actions in the past have suggested that the company’s inspirations from Tesla may go a bit deeper than expected. This is hinted at by the heavily Model S/X inspired interior of its vehicles, and the fact that its website seems to be a direct copy of Tesla’s configurator.

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 makes a splash at China’s Import Expo with Cybercab and Optimus

It appears that Elon Musk’s vision is something that still resonates with people.

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Image: Tesla China
Image: Tesla China

Tesla’s fully autonomous Cybercab made its first appearance in the Asia-Pacific region at the 8th China International Import Expo (CIIE) in Shanghai on November 5, becoming the centerpiece of an event that drew 12 of the world’s leading automakers. 

The new model offers a glimpse into Tesla’s driverless ride-hailing future, and based on the reception of the event’s attendees, it appears that Elon Musk’s vision is something that still resonates with people.

Tesla showcases its driverless vision with the Cybercab

At this year’s expo, themed “Mobility, Infinite Possibilities,” Tesla’s futuristic two-seat Cybercab stood out as a showcase of complete autonomy. According to Tesla staff, the vehicle lacks both a steering wheel and pedals, relying entirely on Tesla’s cameras and an end-to-end neural network designed for full self-driving.

The Cybercab will ultimately serve in the company’s expanding Robotaxi fleet, a cornerstone of Elon Musk’s long-promised autonomous mobility network. During the event, a Tesla employee emphasized that the Cybercab’s model’s compact layout reflects real-world usage, as 92% of trips involve just one or two passengers, as noted in a Sina News report. Trips that require more passengers could easily be handled by the Model 3 and Model Y, which are both capable of seating four, or even five passengers.

Optimus, Tesla’s humanoid robot that is designed for both home and industrial use, was also present at the event. Similar to the Cybercab, Optimus also attracted quite a lot of attention from the event’s attendees.

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Automakers reaffirm commitment to Chinese innovation

Other global automakers, including Volkswagen, Mercedes-Benz, and Honda, also displayed cutting-edge concept cars and intelligent systems, but few captured the same interest as Tesla’s bold showcase of its autonomy and robotics.

Beyond new models, this year’s CIIE highlighted a renewed focus on local innovation and collaboration in China’s rapidly evolving EV landscape. Executives from Volkswagen, Audi, and General Motors reaffirmed that their long-term strategies center on “in China, for China,” strengthening R&D operations and forming tech partnerships with domestic suppliers.

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Tesla gets big nod on Musk comp package from Charles Schwab

“Schwab Asset Management’s approach to voting on proxy matters is thorough and deliberate. We utilize a structured process that focuses on protecting and promoting shareholder value.”

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Credit: Tesla

Tesla got a big nod of approval on CEO Elon Musk’s newly-proposed compensation package from Wall Street firm Charles Schwab after many shareholders believed the company was aiming to go against the new pay structure for its frontman.

Yesterday, we reported on many Tesla investors threatening to leave Charles Schwab as their broker after it was assumed the firm would vote against Musk’s pay package. The impression was that Schwab would utilize the same voting strategies as Glass Lewis and Institutional Shareholder Services (ISS), which both said they would vote against the new compensation package.

However, Schwab reached out to TESLARATI directly yesterday to confirm that it had not made any statement on which way it would vote. It then confirmed to us that it would vote to support Musk’s pay package:

The statement to TESLARATI said:

“Schwab Asset Management’s approach to voting on proxy matters is thorough and deliberate. We utilize a structured process that focuses on protecting and promoting shareholder value. We apply our own internal guidelines and do not rely on recommendations from Glass Lewis or ISS. In accordance with this process, Schwab Asset Management intends to vote in favor of the 2025 CEO performance award proposal. We firmly believe that supporting this proposal aligns both management and shareholder interests, ensuring the best outcome for all parties involved.”

Schwab also came out with a new statement just after that would be released to the public, stating that its delayed decision on the compensation package was due to its “structured process that focuses on protecting and promoting shareholder value.”

The firm uses a three-step program to determine its decision on a key vote like this one:

  1. board composition and quality
  2. actions a board has taken to drive strategy, deliver performance and manage relevant risks
  3. clarity and accessibility of reporting on key issues

It then said it applies its own internal guidelines and does not rely on recommendations from other firms, like Glass Lewis or ISS.

It continued:

“In accordance with this process, Schwab Asset Management intends to vote in favor of the 2025 CEO performance award proposal. We firmly believe that supporting this proposal aligns both management and shareholder interests, ensuring the best outcome for all parties involved.”

Charles Schwab then received kudos from the Tesla community on their decision to vote for Musk to receive this compensation package.

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Tesla Robotaxi and autonomy dreams lean on shareholders: Wedbush

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Credit: Tesla Europe & Middle East/X

Tesla’s dreams of developing a Robotaxi suite that utilizes a fully autonomous platform developed by the company’s top-tier talent now lean on shareholders and perhaps the most crucial vote in its history.

That’s what Dan Ives of Wedbush said in a new note to investors on Wednesday. As the Annual Shareholders’ Meeting is now just one day away, investors are down to their final chance to vote for or against Elon Musk’s new compensation plan.

Ives wrote that, while the company has made its intentions clear, wanting to maintain Musk, pay him accordingly, and give him the voting power he has long wanted, ultimately, the responsibility falls on investors.

As many retail shareholders have pushed for people to vote for Musk’s compensation package, there are a handful of large-scale funds and firms that have decided to go in another direction. Bullish Wall Street firms, Wedbush being one of them, believe it is crucial for Tesla to maintain Musk.

The vote could have major implications on whether Tesla launches an autonomous Robotaxi suite in the near future, Ives says:

“Getting Musk’s pay package approved tomorrow at the highly anticipated meeting will be a big step towards advancing Tesla’s future goals with the autonomous and Robotaxi roadmap ahead.”

While some investors are convinced the company is ready to go in a different direction simply based on Musk’s political involvement over the past year, many investors are under the impression that the development of Tesla’s autonomy suite, as well as its prowess in the EV sector, would fall if Elon were not at the helm.

Tesla’s Board of Directors has already stated that they have received confirmation that Musk’s political involvement would wind down in a timely manner. Moving forward, his focus will not veer from the mission of any of his companies; at least that’s what can be gathered from some of the Board’s communications over the past month.

Musk’s new compensation package is incentivized by performance metrics and will require him to achieve a handful of lofty tranches. He will not get paid unless he drives shareholder value, which is something many skeptics tend to leave out.

Ives continues:

“This new incentive-driven pay package for Musk would also provide an additional 423 million shares of common stock (~12% of shares), which would increase his ownership of Tesla up to ~25% voting power, which we believe was critical to keep Musk at the helm to lead Tesla through the most critical time in the company’s history. We believe this was the smart move by the Board to lay out these incentives/pay package at this key time as the biggest asset for Tesla is Musk…and with the AI Revolution, this is a crucial time for Tesla ahead with autonomous and robotics front and center.”

Wedbush maintained its Outperform rating and $600 price target on shares.

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