Counsel registry
Tesla
1 case appearance — 0 as plaintiff counsel · 1 as defendant counsel.
Firm overview
Tesla Inc. operates a significant in-house legal department that manages its extensive intellectual property (IP) litigation needs. Headquartered in Austin, Texas, with an Engineering Headquarters in Palo Alto, California, Tesla is a prominent multinational automotive and clean energy company with over 100,000 employees globally. While not a traditional law firm, Tesla's legal function is structured to handle complex legal challenges directly, including patent disputes, reflecting a "hardcore litigation department" strategy initiated by CEO Elon Musk.
Tesla's in-house patent litigation practice primarily focuses on technologies central to its core business: electric vehicles (EVs), advanced battery systems, solar energy, and AI-driven software for autonomous driving. The company's patent strategy balances an "open-source" pledge made in 2014—where it vowed not to sue those using its technology in good faith to advance sustainable transportation—with robust protection for critical innovations and strategic litigation. This dual approach aims to both accelerate industry-wide EV growth and maintain Tesla's leadership position.
In terms of litigation posture, Tesla predominantly acts as a defendant. The firm's tracked appearance indicates a sole defendant-side role in patent litigation. This aligns with a broader trend of Tesla navigating a dynamic landscape of patent litigation, primarily facing challenges from Non-Practicing Entities (NPEs) and, to a lesser extent, operating companies.
A notable case involving Tesla's in-house team is Intellectual Ventures Management LLC v. Tesla Inc., where Intellectual Ventures asserted a dozen patents against Tesla in the United States District Court for the Western District of Texas in April 2024. Beyond district court litigation, Tesla is actively engaged in Patent Trial and Appeal Board (PTAB) proceedings, filing inter partes review (IPR) petitions. For instance, in Tesla, Inc. v. Intellectual Ventures II LLC, the USPTO Director issued an informative decision regarding inconsistent claim construction positions taken by Tesla in parallel district court and IPR proceedings. More recently, in August 2026, the USPTO allowed several Tesla IPR petitions to proceed against patents related to vehicle gear selection control technology, notably weighing Tesla's U.S. manufacturing activities in favor of institution. Tesla has also sought Supreme Court review regarding the appealability of PTAB institution rules, challenging practices like Fintiv and "settled expectations" policies.
Key legal professionals within Tesla's in-house IP litigation function include Seth Fortenbery. Brett Alten, previously Associate General Counsel - IP at Tesla, Inc., also held a significant role in developing and managing the company's intellectual property. The company's General Counsel and Corporate Secretary is Brandon Ehrhart, who joined in 2023, following a directive to build a "world-class" legal team capable of handling a full spectrum of litigation in-house.
Attorneys
Roles
- in-house2
Cases (1)
- Δ defendantIntellectual Ventures Management LLC v. Tesla Inc.Seth Fortenbery · in-house