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Featured Nikola v. Tesla

Discussion in 'Prius, Hybrid, EV and Alt-Fuel News' started by bwilson4web, May 30, 2018.

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  1. bwilson4web

    bwilson4web BMW i3 and Model 3

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    There are reports this complaint has been filed:
    https://insight.rpxcorp.com/litigation_documents/12903053

    COMPLAINT FOR INFRINGEMENT OF UNITED STATES PATENT NOS. D811,944; D811,968; AND D816,004
    . . .​

    We've seen similar patent disputes in the past that tried to block large format NiMH battery cells and the micro-controller, Prius transmission. Patent sitting comes to mind but there are times when innovation has occurred and the patent owner deserves the win. I say this because I have an open mind and a court filing without deposition and discovery is just one side. So I went to:

    UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

    To see if there were any open court filings, I went to the district court web page and could find no case titled with either Nikola and/or Tesla in the title. Perhaps someone with more legal skills (calling @hill) or others might give some insights on how to follow the case.

    My initial impression:
    • D811,944 Fuselage - aerodynamics dictates the shape and overlaying the profiles, they are not identical. Close but not the same as the Tesla curve starts significantly lower.
    • D811,968 Wrap Windshield - common on boats and some concept cars, it doesn't strike me as unique. Now if it had claimed, "No A Pillar Windshield", I would be more agreeable with the patent. This one is too close for me to call since Google quickly found prior art.
    • D816,004 Side Door - where is a door supposed to go if not on the side? Now if one of them had a lift, maybe, but this seems silly. Perhaps a modified X-wing door that opens to a rain shielded exit like a guard station.
    Thanks,
    Bob Wilson
     
  2. mikefocke

    mikefocke Prius v Three 2012, Avalon 2011

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    Ah we will build a factory in your state so we will sue in your state. Pleadings worth reading.
     
  3. austingreen

    austingreen Senior Member

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    [​IMG]

    The efficient diesel phev truck developed by freightliner (owned by daimler) with funding help from the doe. It looks like it has many of the design elements before the nikola patents.

    I would say many items nikola is patenting are generic. The wrap around windshield/mid door design seems new, and perhaps tesla is infringing on that. I have no idea if that is important to their design. It seems nikola wants to copy tesla, even picking the same man to give the name to the company, using his less known first name because tesla already was using his last.
     
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  4. hill

    hill High Fiber Member

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    the pleading says both corporations are domiciled in Delaware. Sorta limits forum shopping - one fed district or another.
     
  5. Tideland Prius

    Tideland Prius Moderator of the North
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