San Francisco– Electric car maker Tesla is still facing the $2 billion lawsuit, filed against the Elon Musk-run company by hydrogen trucking startup Nikola over design patents infringement.

A US federal judge has now directed Nikola to continue its three-year-old $2 billion patent lawsuit against Tesla.

The case against Tesla will still remain “administratively closed” but won’t be dismissed, Judge James Donato said in a new order on Tuesday, reports The Verge.

Nikola first filed the lawsuit in 2018, alleging that Tesla’s own semi-truck infringes on a number of Nikola’s design patents.

“Nikola said in its original complaint that Tesla stealing its designs would rob the startup of $2 billion in market share,” the report said.

The judge, who on October 1 closed the case as neither Nikola nor Tesla responded to earlier orders, has now assigned Nikola two new deadlines for hearing in January 2022.

“Nikola’s ostensible reasons for not responding to the Court’s orders are not particularly compelling,” the judge said in the order.

“The case will not be dismissed at this time for failure to prosecute, but that may change if Nikola does not move this case forward to resolution in an efficient and timely manner.”

Tesla showcased its first semi-truck in 2017. However, for years and several delays later, Tesla is yet to release the ‘Tesla Semi’ or the ‘Megacharger’ for it to date.

Tesla recently delayed the first Tesla Semi deliveries to customers until 2022 when it will have more battery cell supply.

The company has been spotted deploying the first Megacharger to charge its upcoming semi-electric truck at Gigafactory Nevada, the media reported this week. (IANS)