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Tesla Semi rival Nikola sues for $2 billion over alleged patent infringement

Discussion in 'Tesla, Inc.' started by BeardedBro, May 2, 2018.

  1. BeardedBro

    BeardedBro Member

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    #1 BeardedBro, May 2, 2018
    Last edited by a moderator: May 2, 2018
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  2. Gwgan

    Gwgan Almost a wagon

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    Nikola Corporation v Tesla truck patent lawsuit | Patent | Vehicles

    Damages are sought in part because Nikola has lost business to Tesla and because they fear brand confusion will hurt them by association with battery fires and deadly autopilot. Nikola also states Tesla uses deposits for operations.

    I cannot speak to the patent law issues but the language and timing suggest a spiteful hand behind the pen.
     
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  3. boaterva

    boaterva Supporting Member

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    Completely befuddled. Which one came first? Wouldn’t that be the important fact to tell us in the article?
     
  4. Blu Angel

    Blu Angel Member

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    Sour Grapes!!

    Tesla Inc. established July 1, 2003
    Nikola Motor Company established 2014

    ............11 years later


    Nikola says it intends to develop a network of 350 hydrogen fueling stations across North America for its trucks, beginning in 2018. It would be similar to the Supercharger network Tesla has been building to support long distance travel for its fleet of electric cars. But here’s the rub.

    Hydrogen refueling stations cost $2 million or more to construct. It is estimated that a typical Tesla Supercharger location costs about one tenth as much to build.

    Who incorporates a company 11 years after Elon and calls it Nikola, the first name of Nikola Tesla, and figures
    there will not be any consumer confusion?
     
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  5. ItsNotAboutTheMoney

    ItsNotAboutTheMoney Well-Known Member

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    And, this would be why Nikola refunded deposits and dropped the deposit fee.
     
  6. Yggdrasill

    Yggdrasill Active Member

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    I would say the Tesla Semi shares more traits with this concept from 2013: MAN's New Concept S Cargo Truck is More Efficient, Larger and Safer

    Especially the wheel arches and doors. Can't Tesla simply point to this concept and say that this was the inspiration?

    I'm not too familiar with patent law. I personally think most of the design-lawsuits are ridiculous. Like when Apple sued Samsung for having rounded corners. (But I believe Apple won that lawsuit, so I don't feel 100% comfortable with this lawsuit either.)
     
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  7. mongo

    mongo Well-Known Member

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    What a load of hydrogen sulfide.
    • You can't sue/ infringe based on a provisional patent application, period. Nikola's design patents were awarded March/April this year. So nothing from before then could be infringment at the time.
    • Even when if was a granted design patent, you can't sue for infringement when it hasn't been sold yet (and you have no direct damages).
    • Even if there were sales involved, you can only be awarded an amount related to the feature, not the full item price.
    You also can't (successfully) sue someone just for making a better product.

    From this site:
    3rd party opinion:

     
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  8. HankLloydRight

    HankLloydRight No Roads

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    Mongo beat me to it..

    It's called competition. Get used to it.


    I see what you did there, Tesla spokesperson. :)
     
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  9. Yggdrasill

    Yggdrasill Active Member

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    The 2 billion in damages is clearly BS. It seems to be based on how much the TSLA market cap increased after the announcement. But of course, it disregards the fact that the Roadster was the biggest surprise of the event.
     
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  10. lolachampcar

    lolachampcar Well-Known Member

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    If you can not out work them, out sneaky them.
    It is the new business model that works hand in hand with golden parachutes for CEOs that fail to perform.
     
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  11. HankLloydRight

    HankLloydRight No Roads

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    #11 HankLloydRight, May 2, 2018
    Last edited: May 2, 2018
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  12. Huskyf

    Huskyf Member

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    Hmm and the complete name of this company is "Nikola Tesla Motor" and Elon didn't make a lawsuit for that !
    Yes very similar from "Tesla Motors"
     
  13. Jays200

    Jays200 Member

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    Jeez, a truck that looks like a truck. Like Kenworth and Mac etc, etc. and the night before the earnings call, coincidence, not.

    Tesla, Tesla, Tesla, Oi, Oi, Oi.
     
  14. croman

    croman Active Member

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    Diversion of sales is their main basis. @mongo posted useful points but I think the lawsuit isn't meritless. The other prior art is Nikolas biggest hurdle. They've done nothing that is that unique. The design patent will get knocked out in invalidity.
     
  15. J1mbo

    J1mbo Active Member

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  16. mongo

    mongo Well-Known Member

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    Lawsuit from FUD POV might be useful, but on its merits, it seems very weak...
    There were design patents that were granted to Nikola, but those only protect against a level of similarity that would confuse an ordinary person and copies the new novel aspects from prior art. Lots of cases here.
     
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  17. Gwgan

    Gwgan Almost a wagon

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  18. TexasEV

    TexasEV Well-Known Member

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    I thought I was reading an article from The Onion. A company named for his first name sues an established company named for his last name for causing confusion.
     
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  19. arcus

    arcus Active Member

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    Must be AP 1.0 though - single camera only.
     
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  20. ggr

    ggr Expert in Dunning-Kruger Effect!

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    I don't want to go too far off topic here, but for $2M you get a refuelling station that can fill up one Toyota Mirai every half an hour. The Hydrogen is generated on the spot by reforming methane using steam. The problem is that the Hydrogen has to be seriously compressed, and compressing it heats it up, so you have to cool it down. So the station stores enough (20-30kg) for one car, but then has to generate, cool and store more before it's ready again. Truckers already worry about the charging time of Electrics, they are not going to take kindly to arriving at the H2 station only to find that they have to wait an hour for it to be ready for them to refill. Bottom line is that these stations for Nikola will cost a lot more than $2M each.
     
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