Why sue now and give Tesla the ability to avoid using your patents with little to no financial gain to yourself when you can wait until there are millions of cars on the road, it’s too burdensome for Tesla to overhaul the installed base and you can extract fees for every single robot driven mile? Trust me, the lawyers will come out.
Five comments:
1)
I find it probable/possible that Tesla cross-licensed most of MobilEye's patents that resulted from their early partnership, in which case Intel couldn't sue Tesla based on those patents. Tesla was MobilEye's main source of income and it's routine to not build a sole IP dependency on such partners. (In a similar vein key battery tech between Panasonic and Tesla is possibly cross-licensed as well which makes it harder for the parties to betray each other.)
The assumption that MobilEye was allowed to undermine Tesla via submarine patents financed by Tesla income is IMHO naive.
(Anyway, it's pure speculation: I don't know whether they did so (they might not have), and the agreements would generally be confidential.)
2)
Also, some of the earliest and broadest patents of the MobilEye founders have expired last year already, such as "Synthesizing virtual two dimensional images of three dimensional space from a collection of real two dimensional images" (US6219444B1).
3)
Tesla is likely aware of how patent-encumbered certain MobilEye technologies are: for example one feature that even the latest Autopilot version curiously doesn't have is reading and interpreting speed limit signs - which might be affected by a related "late" MobilEye software patent that issued after their partnership ended. (For example: "Detecting and recognizing traffic signs" US8064643B2, EP2383713B1)
I.e. Tesla might be actively working around existing patents (in this case by using GPS indexed speed limit data), to reduce patent litigation exposure.
4)
Intel delaying such a lawsuit would reduce their potential windfall from any patent lawsuit: the moment Tesla is warned of alleged patent infringement the damages increase.
5)
Tesla has numerous defensive patents. They do license them freely to everyone (see Tesla's patent pledge), under the condition that those patents are used in good faith. Suing Tesla is
not good faith use and the moment any of the big manufacturers sues Tesla they can counter-sue on the basis of the countless EV patents Tesla owns, and shut down any carmaker's EV program that uses MobilEye technologies.
This is why patent litigation is usually done by 'patent trolls' who have no real business activities and have no skin in the game.
Intel could still sue Waymo and Lyft - although Waymo is possibly a dangerous target, due to their historic deep learning and NN roots.
So I'd be surprised if Intel sued Tesla based on the MobilEye patents. Maybe they'll make an exception to monopolize a trillion dollar market though, so what you are suggesting isn't an implausible outcome - but I think the complete picture is more nuanced.