Probably will depend upon how "is" will be defined at the trial, right?
If the trial is conducted on the boat, an admiralty jurisdiction may complicate things further.
It would appear that some people fall short of having a working understanding of the most basic premise of Common Law, as such matters as these will be governed by that if someone chooses to make a fuss over it in court.
Tesla's patents are freely offered under contract. The terms of that contract are provided for all to see. A use of any patent that is considered in breach of those terms might result in a lawsuit.
A Non-Disclosure Agreement is another form of contract. If it is violated, a lawsuit is the way to deal with this.
Theft of other Intellectual Property (techniques, data, etc.) is also something that can be sued over. This is how businesses protect themselves from others who try to steal what is not theirs in order to get the prize without putting forth the effort to earn it.
Some people with questionable ethics might take the total contents of their neighbor's kitchen just because the neighbor said, "help yourself" to them. Maybe that is how the person posing this argument sees it. This could be why they don't understand why they are wrong.
If, instead, the folks at Rivian had come to the folks at Tesla and asked nicely for these things, Tesla may have been able to come to some arrangement. They don't appear to have done that.
I'm gonna go inventory my booze now, just in case...