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

Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
For the Second Time in a Few Weeks Microsoft Lunduke Makes False Accusations Against Senior Red Hat Staff to Incite a Despicable 'Troll Army'
Nothing that Microsoft Lunduke claims of says can be trusted
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 02, 2025
IRC logs for Thursday, October 02, 2025
Slopwatch: Linux Journal, Google News, and LinuxSecurity
They carry on polluting the Web with fake articles
Gemini Links 02/10/2025: Kubernetes With FreeBSD and robots.txt
Links for the day
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day
Slopwatch: Plagiarism, Fake Articles, and FUD About Linux
not a day goes by without Google News feeding FUD from slopfarms
Gemini Links 01/10/2025: Chat Control and End of Life
Links for the day
Links 01/10/2025: Long Covid Risk Reiterated, "Bitcoin Queen" Caught
Links for the day
Links 01/10/2025: EA $55 Billion Deal is Debt and Slop "Raises Vishing Risks"
Links for the day
Bluewashing at Red Hat Means Redundancies
The man who sold Red Hat to IBM meanwhile became a Microsoft Mono booster
After Killing OpenSource.com, IBM ('Red Hat') and OSI Told Us OpenSource.net Would Replace It (But That Didn't Happen)
Now it's time to move on, perhaps tarnishing the "Open Source" label some more (for whatever sponsor wants this)
Linux is Not a Community Project, It's a Wall Street Product
The core goal should be freedom
Bad Actors Abusing the Free Software Community, Vandalising It Using Rogue Politics and Old Tactics
Oil giants have long attempted to do this; now, the digital equivalent of Big Oil does this in technology
Social Control Media Isn't the Future, The Federation or Fediverse Isn't Growing, People's Accounts Vanish for Good
users' accounts will get deleted, not just become inactive
IBM is Failing, This Helps Show Wall Street is Entirely Detached From Actual Commercial Performance
IBM is unable to grow, it's just constantly shrinking
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 30, 2025
IRC logs for Tuesday, September 30, 2025
Clerical Aspects of Publishing and Development
In Free software, the management aspects are considerably reduced
Slopwatch: Fake Articles and Google News Promoting "Linux" Spam or Bot-Generated Fear, Uncertainty, Doubt (FUD)
These slopfarms help misplace blame
Third Wave of Microsoft Layoffs in September, This Time Many in Liverpool Affected
Be ready for more waves of layoffs ahead of the so-called "results" in late October