AUGUST 2014 TESLA MOTORS: INTELLECTUAL PROPERTY, OPEN INNOVATION, AND THE CARBON CRISIS DR MATTHEW RIMMER AUSTRALIAN RESEARCH COUNCIL FUTURE FELLOW ASSOCIATE PROFESSOR THE AUSTRALIAN NATIONAL UNIVERSITY COLLEGE OF LAW The Australian National University College of Law, Canberra, ACT, 0200 Work Telephone Number: (02) 61254164 E-Mail Address:
[email protected] 1 Introduction Tesla Motors is an innovative United States manufacturer of electric vehicles. In its annual report for 2012, the company summarizes its business operations: We design, develop, manufacture and sell high-performance fully electric vehicles and advanced electric vehicle powertrain components. We own our sales and service network and have operationally structured our business in a manner that we believe will enable us to rapidly develop and launch advanced electric vehicles and technologies. We believe our vehicles, electric vehicle engineering expertise, and operational structure differentiates us from incumbent automobile manufacturers. We are the first company to commercially produce a federally-compliant electric vehicle, the Tesla Roadster, which achieves a market-leading range on a single charge combined with attractive design, driving performance and zero tailpipe emissions. As of December 31, 2012, we had delivered approximately 2,450 Tesla Roadsters to customers in over 30 countries. While we have concluded the production run of the Tesla Roadster, its proprietary electric vehicle powertrain system is the foundation of our business. We modified this system