It sounds like Nikola hold design patents, not invention patents.
These are much easier to obtain, but also much easier to get around.
Often the reason for taking out a design patent is solely to be able
to say you hold a patent.

On 3 May 2018 at 05:35, Cor van de Water via EV <ev@lists.evdl.org> wrote:
> Sounds like "and if you can't win, sue them."
> I put the pics of the two trucks next to each other and can't see much 
> similarities
> other than that they both have wheels, sweeping windshields and streamlined 
> face,
> but just about every new designed vehicle rendering has the same.
>
> -----Original Message-----
> From: EV [mailto:ev-boun...@lists.evdl.org] On Behalf Of Marco Gaxiola via EV
> Sent: Wednesday, May 02, 2018 7:12 PM
> To: Electric Vehicle Discussion List
> Cc: Marco Gaxiola
> Subject: [EVDL] Nikola Motor sues Tesla over design patent violation
>
> https://www.electrive.com/2018/05/02/nikola-motor-sues-tesla-over-alleged-design-patent-violation/
>
>
> Nikola Motor has filed a lawsuit against Tesla claiming the Semi electric
> truck to be “substantially” similar to Nikola Motor’s own design of a fuel
> cell electric semi truck. In the filing, the infringement is estimated to
> be worth a loss of 2 billion dollars to Nikola. Tesla denies the
> allegations.
>
> The lawsuit is based on six design patents issued in the U.S. between
> February and April 2018 for its Nikola Motor’s wrap windshield, mid-entry
> door, fuselage, fender, side cladding and the overall design of the Nikola
> One. Hence Nikola’s claim of the infringement being substantial.
>
> Tesla had reportedly revealed
> <https://www.electrive.com/2017/11/17/tesla-semi-electric-truck-800-km-range/>
>  the Semi electric truck last November and has since been taking orders
> from the likes of FedEx
> <https://www.electrive.com/2018/03/27/fedex-orders-20-tesla-semi/>, DHL, or
> UPS and also opened the books in several European countries (we reported
> <https://www.electrive.com/2017/12/21/pre-orders-tesla-truck-now-possible-europe/>
> ).
>
> Back to the court case and the filing that reads: “Nikola estimates its
> harm from Tesla’s infringement to be in excess of $2 billion,” although it
> is unclear where Nikola takes this number from. The U.S. American company
> had presented their fuel cell truck Nikola One
> <https://www.electrive.com/2016/12/05/nikola-motor-girfalco-tesla-cartube/> in
> December 2016 and has since been taking orders. So many in fact, that just
> a few weeks ago, the company announced it would not require any deposits
> any longer and that is had received pre-orders valued at 8 billion dollars
> already (we reported
> <https://www.electrive.com/2018/04/08/nikola-motor-to-refund-prepayments-for-reserved-trucks/>
> ).
>
> It appears as if Nikola Motors is really wanting (or having) to go head to
> head with Tesla in the race for the electrification of the heavy duty
> vehicles business. Whilst Tesla is loosely planning to launch the Semi
> electric truck around 2019 or 2020, the Nikola One and Nikola Two fuel cell
> trucks are only due by 2021.
>
> Nikola plans to build
> <https://www.electrive.com/2018/01/31/nikola-plans-1-billion-factory-make-fuel-cell-trucks-arizona/>
>  a 1 billion dollar manufacturing facility for its fuel cell trucks near
> Phoenix, Arizona next year.
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