Bonum Certa Men Certa

Tesla's 'Truckload' of 'Open' Patents Cannot Save It From a Nuisance Lawsuit in Arizona

Tesla



Summary: Tesla ought to join the efforts to reform the patent system so as to maximise innovation rather than litigation; pursuing lots of patents and then calling them "open" (just a promise not to sue basically) isn't the way to go

FOUR years ago Tesla made an announcement which would soon be emulated by other companies. They were openwashing their patents. They did not say they would not sue, but like many so-called 'pledges' they just stated they would restrict the circumstances under which patents would be leveraged inside the courts. They used terms like "open source", albeit in the context of patents (monopolies) that's a pretty wild distortion of the meaning of the term.



On the first of May (Mayday) there was some press coverage about a $2 billion patent lawsuit against Tesla. We did not cover it at the time because it didn't seem as important as EPO scandals, but now (a weekend) is a good opportunity for catchup.

“It’s patently obvious there is no merit to this lawsuit,” a spokesperson for Tesla told The Verge. So said the following article:

Nikola Motor Company has filed a lawsuit in Arizona alleging that Tesla’s all-electric Semi infringes on the hydrogen truck startup’s patents. The lawsuit claims Tesla willfully copied these patents in creating its electric truck, and Nikola is seeking $2 billion in damages in return.

“It’s patently obvious there is no merit to this lawsuit,” a spokesperson for Tesla told The Verge. A representative for Nikola Motors said in a statement to The Verge that “[w]e are not commenting because it is in the courts. The lawsuit speaks for itself.”

[...]

Nikola says that Tesla’s truck is causing “confusion in the market,” and claims that “Tesla’s infringement has harmed Nikola’s ability to attract investors and partners because investors can now partner with Tesla to have an alternative fuel semi-truck.” The damage from this alleged infringement, per Nikola’s calculations, is “in excess of $2 billion.”


The lawsuit may have absolutely no merit, but in the patent world if some patent examiner granted bogus patents, then you still need to hire a lawyer and may lose a trivial case due to lack of funds. Racket? Maybe. And patent lawyers benefit the most from it, no matter the outcome of legal cases. This is why more people need to speak about patent maximalism and its ramifications/impact on innovation, finances etc. It's not as simple as patent propagandists tell us.

Here is another news report about that same lawsuit:

Tesla Semi rival Nikola Motors has filed a $2 billion lawsuit against the California-based electric car and energy company. According to trucking startup, the Tesla Semi’s design infringes on the patents of the Nikola One, its hydrogen fuel cell-powered sleeper cab.

Nikola’s complaint outlines several design aspects of the Semi that were allegedly copied from the One. Among these are the Semi’s wraparound windshield, mid-entry door, front fenders, and the electric truck’s aerodynamic body. The similar drag coefficient between the Nikola One (0.37) and the Tesla Semi (0.36) was also cited as further evidence that the Elon Musk-led company copied Nikola’s design.

The lawsuit also stated that Tesla, at one point, attempted to hire Nikola’s chief engineer not long after the One was unveiled to the public. Furthermore, a cease and desist letter was sent to Tesla before the unveiling of the Semi, asking the Elon Musk-led company to hold off on the vehicle’s announcement until its patent issues with Nikola were resolved. Tesla, however, opted to ignore the request.


Censorship by patents? Axing of products that can lower pollution? Cui bono?

Incidentally, a short time before this news came out NewsWeek published this article titled "Elon Musk, Toyota and the Case for an Open Patent System" and here are some key paragraphs:

Converting ideas into tangible products has long relied on patents. Even before the U.S. Patent Act of 1790, which gave 14 years of exclusivity to whoever owned a piece of intellectual property, we have relied on a stringent code of laws to ensure that the creator of something new reaps the benefits of that idea and its execution.

The 15 people recently inducted into the National Inventors Hall of Fame have 545 patents among them. That’s a lot of light-bulb moments, many of them leading to demonstrable progress. But what if progress is also hampered by patents, as some are now saying?

Tesla CEO and SpaceX founder Elon Musk is one of those people. The vocal opponent of intellectual property law maintains they actually harm invention, and he’s acted on that belief: In 2014, Tesla promised not to sue people for using its electric car patents.


But that alone does not secure Tesla itself. To really address the underlying issues Musk et al should press for further patent reform, not mere openwashing of Tesla-assigned patents.

Recent Techrights' Posts

Slopwatch: LinuxSecurity, UbuntuPIT, and Google News
We've also just noticed more slop from UbuntuPIT
Microsoft Windows is No Longer an Operating System, It's Surveillance Project
Why is this even legal to preload on PCs outside the US?
Qualcomm Arduino Takes Aim at Raspberry Pi
Qualcomm is a Microsoft partner
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 08, 2025
IRC logs for Wednesday, October 08, 2025
Links 09/10/2025: Impact of Microsoft Layoffs, More Data Breaches
Links for the day
Gemini Links 09/10/2025: Autumn Blues and C IRC Bot
Links for the day
Slopwatch Appreciated by Real Authors of GNU/Linux Articles
We do try to keep on top of those things
Upgraded R.R.R.R.R.R. Today
The Web of 2025 is full of garbage, not limited to slopfarms
Freedom From Proprietary Prisons
Forking always an option
IBM's Watson Died in 1956, Now Watson Dies Again
IBM is becoming just a reseller of GAFAM and other stuff
Microsoft Says That Constant Mass Layoffs Are Success, the Media Isn't Buying This Microsoft Narrative Anymore
If people in the media feel an obligation to repeat whatever lies Microsoft tells, what point will there be to the media?
Links 08/10/2025: "Mali Puts Free Speech on Trial" And Apple Enforces Dictatorship
Links for the day
Links 08/10/2025: ‘Death to Spotify’ and Law to Ban Loud Commercials on Streaming (Dis)Services
Links for the day
Links 08/10/2025: Real Innovation and Nina.chat is Dead
Links for the day
Links 08/10/2025: Y2K38 Bug is a Vulnerability, Chat Control in Europe a Threat
Links for the day
How and Why Once-Legitimate Sites Turn Into Slopfarms
Many sites will go offline and many social control networks will shut down once they realise or even openly admit they spend money and time gardening a bunch of bots and slop
UbuntuPIT Became a Slopfarm and Gnoppix Tarnishes Its Own Brand With Slop
It fits all the characteristics of mildly-edited (if at all) slop
Slopwatch: Linux Journal and Other Slopfarms
GAFAM needs to go the way of the dodo
Gemini Links 08/10/2025: "Seek Seek Revolution" and Gradient Backgrounds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 07, 2025
IRC logs for Tuesday, October 07, 2025
Stagnation of the Economy and What Free Software Can (or Could) Do For It
If your economic model is based on a pyramid of lies, it won't last very long
Social Control Media is Sinking
it would rightly seem like the era of centralised "social" sites (they're not social, they're about controlling the users) is ending, not overnight but gradually
Participation in Cancel Culture Detrimental to One's Career
A cautionary tale
Passion Wins
we've increased the number of birds we feed to 100+
How Solderpunk and Sean Conner Started Gemini Protocol (and, Collectively, Geminispace) Back in 2019
Based on the "official" history
Arduino is Now a Patent Bully (Qualcomm)
Qualcomm has just bought Arduino
Many Years of Microsoft Cancellations and Faked (Acquired) Revenue "Growth"
XBox is basically the "next Skype"
The Comment TheLayoff.com Has Just Censored for Criticising a Ridiculous Puff Piece of IBM Management
If comments get censored for their "style" rather than their substance, then society will be worse off
The Power of Writing Down Facts
The more we write and publish, the more people will know what happened
Microsoft's Non-Denying Denial About XBox's Death is Already Being Shattered to Pieces
Like Microsoft's 'open' 'hey hi', heralding meaningless non-committing agreements with AMD is little more than vapourware
Slopwatch: UbuntuPIT Joins the Slopfarms Club
Slopfarms gonna slop
Links 07/10/2025: Privacy at Risk, GAFAM Remains Off the Hook
Links for the day
Gemini Links 07/10/2025: Modern Retro Console Idea and Batch vs Bash
Links for the day
Links 07/10/2025: International Criminal Court (ICC) Convicts Ali Kushayb; Moroccan Imprisoned for 'Offensive' Shirt
Links for the day
Links 07/10/2025: EU' Chat Control is Back, US Cracks Down on Democracy
Links for the day
Techrights Pursues Justice and Truth Because, Without Those, Society Descends Into Chaos
most people reject dogma and pseudoscience
Upcoming Talks by Richard Stallman in Helsinki, Göteborg, and Rome
Join with him and share the software
Something Bad is Happening in the Open Source Initiative (OSI)
The latest OSI blog post is from a Microsoft operative and a few weeks ago the Executive Director left
TLS 1.3 Dominates Geminispace (99% of Known Capsules)
it's nowadays safe to assume almost every capsule can handle TLS 1.3
Why soylentnews.org Has Been Having Technical Difficulties Lately
The network has been going up and down quite a lot this past week
A Statement Against Violence
The facts are on our side
They've Run Out of Things to Rebrand or Label as "AI"
The next few years will be interesting because if Microsoft lays off tens of thousands of workers each year, there won't be much left except mountains of debt and dying brands
The Register MS is Still Being Paid to Participate in the "AI" Ponzi Scheme Which Will Crash the Economy
The Register MS is hoping to get lucky by tricking people into a scam
Richard Stallman Confirms His Talk in Göteborg This Coming Friday
"The hosts say that the list will not be given to the state"
Most of the "Linux" Results This Morning in Google News Are LLM Slop From the Same Slopfarm, Plagiarising Phoronix
The main question is, does Google even care at this point?
Gemini Links 07/10/2025: Civil War and "Goodbye Web"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 06, 2025
IRC logs for Monday, October 06, 2025