Re: [EVDL] Nikola Motor sues Tesla over design patent violation

[Paul Compton via EV]

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  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
> 
>  the Semi electric truck last November and has since been taking orders
> from the likes of FedEx
> , DHL, or
> UPS and also opened the books in several European countries (we reported
> 
> ).
>
> 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
>  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
> 
> ).
>
> 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
> 
>  a 1 billion dollar manufacturing facility for its fuel cell trucks near
> Phoenix, Arizona next year.
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-- 
Paul Compton
www.morini-mania.co.uk
www.paulcompton.co.uk (YouTube channel)
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Re: [EVDL] Nikola Motor sues Tesla over design patent violation

[Cor van de Water via EV]

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

 the Semi electric truck last November and has since been taking orders
from the likes of FedEx
, DHL, or
UPS and also opened the books in several European countries (we reported

).

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
 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

).

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

 a 1 billion dollar manufacturing facility for its fuel cell trucks near
Phoenix, Arizona next year.
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Re: [EVDL] Nikola Motor sues Tesla over design patent violation

[EVDL Administrator via EV]

On 2 May 2018 at 22:11, Marco Gaxiola via EV wrote:

> Nikola plans to build a 1 billion dollar manufacturing facility for its
> fuel cell trucks near Phoenix, Arizona next year. 

I can't speak to their infringment claims, but I will say that I wish I had 
$100 for every EV startup in the last 40 years that talked up big glitzy 
plans to build an expensive factory in some out of the way place.  I've seen 
it happen over and over again, largely thanks to Bruce's diligent pursuit of 
these stories.  

Here's the way it usually goes.

The company gets a bargain-priced option on a chunk of land. They make 
glowing promises of skilled high-wage jobs Real Soon Now.  The state and 
county governments offer them tax abatements, and sometimes even build 
expensive taxpayer-financed infrastructure for them.

The target date for groundbreaking comes, but ... oops, there's a little 
hitch.  The financing isn't all lined up, or something.  Whatever.  The date 
gets pushed out a few months, then a year, then two, then three.  The land 
the company optioned sits empty.  

More years go by.  The slick website hasn't been updated and they've long 
since quit posting on social media.  Nobody answers the phone.  The 
newspaper sends a reporter to knock on their office door, but it's silent, 
abandoned, dark and dusty.  The reporter writes a "whatever happened to" 
story anyway.  

And then it's all forgotten, even the incentives paid for by taxpayers, and 
the city and county and state move on to some other entrepreneur's vague 
promise to spend his investors' money hiring a few locals.

Will these guys be an exception?  I hope so.  We could use more competition 
in the EV business.  

I'm not thrilled with the fuel cell idea, I don't have much respect for 
companies whose main product is lawsuits, and the name "Nikola" strikes me 
as a dumb idea.  But I wish them success in building and sellng EVs.

David Roden - Akron, Ohio, USA
EVDL Administrator

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