Starting with a premium priced, low volume model also provided Tesla with a cash flow while it invested
in manufacturing, distribution, and building its network of charging stations.
The future growth in the market for all-electric vehicles is an additional source of uncertainty. Falling oil
prices make the low operating costs of PEVs less of an attraction. A critical issue, therefore, is whether
Tesla’s decision to make available its patents to other companies
Tesla’s announcement that it would make “not initiate lawsuits against anyone who, in good faith, want to
use our technology” took the industry by surprise and initiated much discussion of Tesla’s motives.
The evidence in the case suggest that Tesla’s innovations in electric cars are based more upon system
design and hardware-software optimization than on specific inventions. For example:
In terms of patents relating to electric vehicles, Tesla has far fewer than GM, Toyota, or Ford.
The outstanding performance of Tesla’s cars depend, to a great extent, o the fact that were
Hence, it would appear that, by not initiating lawsuits against patent infringement, Tesla was not giving
away a great deal. In addition, given that most of Tesla’s superior technology was not based upon
patented technology, it was still keeping to itself most of its technological advantage.
So, what advantages might accrue to Tesla as a result of others utilizing its patents? There are several
possible benefits: