Tesla patent pledge revisited:
Most of us in the IP community were dubious when Tesla famously announced its patent pledge many years ago. “All Our Patent Are Belong to You” as Elon Musk said in a grammatically truncated statement that probably foreshadowed his no less famous “Patents Are for the Weak” declaration last year. Well, the company revealed its true colors a few weeks ago when it filed a patent infringement lawsuit in Texas federal court against Australia’s Cap XX, a supercapacitor company, its direct competitor in the battery space. Ironically, the patents being asserted did not even originate from Tesla but came from its acquisition of Maxwell. The automaker says that Cap XX cannot be protected by its pledge because Cap XX itself sued Maxwell back… in 2019. If this feels a lot like splitting hair to you, you are not the only one.