Posts Tagged: "hypocrisy"

Reports about Musk’s talks with Cortica comes one day after Goldman Sachs analyst David Tamberrino affirmed his sell rating for Tesla stock on his expectation that Tesla stock would drop by 30 percent over the next six months because of production issues… On the same day that Goldman Sachs reaffirmed its sell rating on Tesla stock, Musk posted a video to Instagram, which is emblematic of the CEO’s Alfred E. Neuman-esque style of response to any perceived corporate turbulence. The video shows Musk in a bar in Jerusalem pouring flaming absinthe. Musk’s Instagram declaration that “Everything’s better with fire …” smacks of the same “What, me worry?” attitude that has allowed him to navigate uncertainty in meeting production goals without eroding shareholder confidence.

For someone who avoids patents “whenever possible,” Musk and his companies sure do seek patents on a lot of innovations. So why can’t he just be honest about his motivations? Or why doesn’t he come out and explain that innovation demands patents and it just isn’t realistic to invest many millions, or in his case sometimes billions, into research and development if you cannot obtain and exercise exclusive rights? That is, after all, perfectly honest and true. You can’t invest in what you can’t own, and Musk knows that. For some reason he just doesn’t seem all that interested in his fans and shareholders realizing that undeniable truth.

Essentially, the Supreme Court told the Federal Circuit that they needed remedial reading lessons. The statute is clear: “may” means district courts have discretion. The Supreme Court also seemed instruct the Federal Circuit to stop making stuff up that clearly isn’t found within the statute. It is truly ironic, even downright funny, how the Supreme Court can so clearly see that the Federal Circuit is not being true to the simple, easy to understand, straight-forward terms of a statute but at the same time lack the capacity to similarly see that they are themselves doing the very same thing. If intellectual honesty means anything the Supreme Court would hold themselves to the same standard and stop applying judicial exceptions to patent eligibility that enjoy no textual support in the statute.

Musk maintains that he has avoided patents since leaving a business venture in 1999 but we’ve been pointing out how companies in which he holds a large interest have been acquiring IP and filing new patent applications themselves. In fact, as the IP portfolio analysis tools from Innography show us, Tesla has earned 27 patents thus far in 2015, making it pretty clear that Elon Musk is doing an awful job of avoiding patents, which really has to make you wonder what is behind his anti-patent rhetoric.

Elon Musk also has a bizarro acquaintance with the truth, at least when it comes to patents. In his All Our Patent Are Belong To You [sic] blog post, which has served as the seminal moment for the current open-source trend in the auto industry, Musk stated that since his departure from Zip2, a previous business venture, in 1999, that he has “avoided [patents] whenever possible.” That anti-patent sentiment has raised Musk to rockstar status in the eyes of some, but even a cursory review of the facts suggests that Musk does not practice what he preaches. The fact that we can do a profile of patents issued by the U.S. Patent and Trademark Office to SolarCity in this year alone proves that, at least where it comes to patents, Elon Musk’s message is at best a “do as I say not as I do” approach to business. At worst, Musk is not true to his word.