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All discussion of Nikola Motors
- Thread starter Buckminster
- Start date
This is an interesting twist in the story. Trevor was telling another lie, that they made the design at Nikola -- nothing new there, we know he is pathological liar / scammer , claiming he invented everything from the wheel onward all the way to working teleportation across the galaxy. However, if they actually bought the design from the original inventor and then patented it, that seems to make the "prior art" defense of Tesla weaker since that prior art is the actual design at the heart of the patent (not some 3rd party), that is now owned by Nikola. Of course, IANAL*, so I have no clue how exactly this works out in patent law. I guess if the original design was published by the Croatians before selling it to Nikola, then the genie is out of the bottle and hard to stuff it back to make it a protected invention...
IANAL = I am not a lawyer
You have 1 year to apply for a patent after first public reveal (2010) or sale (2014+). One-Year Rule[Patent Law] Law and Legal Definition | USLegal, Inc.
You also need to be the inventor or asignee to apply for the patent. The design patent is invalid and there is nothing for Tesla to infringe. (Unless going for a trademark type thing)
Tesla Argues Nikola Deceived PTO to Get Design Patents
This agrees with my understanding of the US situation, although none of my patents are design patents.
It's odd there appears to be some disagreement (note the "disagrees") amongst those discussing this, as to me it is patently obvious that Nikola/Milton patently lied.
CyberGus
Not Just a Member
CyberGus
Not Just a Member
I am also NAL but I do work for a Big Information Technology Company and have several patents. When a patent proposal is deemed insufficient, the idea is instead published so as to establish prior art, and prevent any other claims.
I just wrote somewhere to the net, that only the IP Nikola Corp had was the cab design. Yep I'm still naive, of course they stole it too, (or bought, and clam it their internal design). Ha.
Tesla Inc is part of Nikola Tesla that invented AC three-phase electric power and induction motor. Nikola Corp is the part that talked to the pigeons...
Tesla Inc is part of Nikola Tesla that invented AC three-phase electric power and induction motor. Nikola Corp is the part that talked to the pigeons...
OK, here are a few extra bits of detail.
Firstly, the main design patent in question: United States Patent: D814357
Tesla claims that Adriano Mudri invented the design in 2010, and that Milton met him in 2014; the patent was filed at the end of 2015.
Mudri is not listed as an inventor. If Tesla's claim is true, not only is the patent invalid, but it is fraud on the part of the inventors (Milton and Steve Jennes).
Here is Mudri's design, archived at Michelin. One of the images:
Attached is Milton's patent first page; the entire patent is just the seven drawings mentioned. This is their first drawing:
I think Milton's toast.
Firstly, the main design patent in question: United States Patent: D814357
Tesla claims that Adriano Mudri invented the design in 2010, and that Milton met him in 2014; the patent was filed at the end of 2015.
Mudri is not listed as an inventor. If Tesla's claim is true, not only is the patent invalid, but it is fraud on the part of the inventors (Milton and Steve Jennes).
Here is Mudri's design, archived at Michelin. One of the images:
Attached is Milton's patent first page; the entire patent is just the seven drawings mentioned. This is their first drawing:
I think Milton's toast.
I have to admit I haven't paid close attention... but I thought the heart of Nikola's argument had to do with the position of the door -- that it was behind the driver's seat or something, and Tesla copied that element. And I don't see any doors in Mudri's design, so I'm not sure it would invalidate that part.
JRP3
Hyperactive Member
JRP3
Hyperactive Member
JohnSnowNW
Active Member
Milton is Paul Elio, if Paul Elio had spent most of his time trying to be "hip."
Yuri_G
Member
Trevor Milton is in deeper *sugar*:
Two women file sexual abuse complaints against Nikola founder Trevor Milton
Two women file sexual abuse complaints against Nikola founder Trevor Milton
that’s the stuff that was on ‘tweeter‘ a week or two ago. surely it had nothing to do with the resignation
i mentioned around that time that i wondered if it was all true or not.
...not that i’m defending him. i think he’s a quack! but if true, that’s just extra slimy, man.
Mo City
Active Member
Interesting timing. Both of these accusations might be money grabs now that Milton is a billionaire. It also could be his high public profile just made it impossible to continue living in silence. These could be settled confidentially, prior to charges being filed.that’s the stuff that was on ‘tweeter‘ a week or two ago. surely it had nothing to do with the resignation
i mentioned around that time that i wondered if it was all true or not.
...not that i’m defending him. i think he’s a quack! but if true, that’s just extra slimy, man.
That said, I don't doubt them one bit and feel very bad for these two women. There may be others.
From the article: “Aubrey Ferrin Smith, who publicly accused Milton over Twitter and Facebook of groping her bare breasts after a family funeral outside Salt Lake City in 1999 when she was 15 and he was 17 years old.”
Am I the only one to find this a strange combination of events? For the Dutch speaking readers: this sounds like a scene from the movie “The Flodder family”.
JRP3
Hyperactive Member
pz1975
Active Member
Slow play by GM - I highly doubt they ever sign on to complete the partnership. How can they justify to their shareholders willingly partnering with a complete sham company?
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