Tesla made news a few weeks ago by offering a "license" to their intellectual
property. Specifically, Tesla indicated on their web site
"Tesla will not initiate patent lawsuits against anyone who,
in good faith, wants to use our technology." Some have
applauded Tesla for sharing their technology. However, the market
would benefit more if they maintained their patents and focused on
innovation.
Patent rights and patent licenses are complicated. Tesla's
statement — like the open-source model it references —
raises many questions, causing ambiguity and uncertainty. [Free for All: Tesla Motors Makes Electric Car
Patents Open Source]
As a lawyer, I'm trained to think about potential scenarios
and how they may harm my clients. For example, who is protected by
this "license?" Suppose XYZ motor company, a competitor
of Tesla, uses some of Tesla's technology to create a new type
of engine that starts to push Tesla out of the market. XYZ could
then further sue Tesla on
