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Nikola (Motors) is Suing Tesla (engadget.com)

An anonymous reader shares a report: Nikola Tesla invented alternating electrical current. Nikola Motors is a mobility company working on a hydrogen-powered semi truck. Tesla makes fully electric vehicles and last December unveiled its EV Semi. Nikola Motors is suing Tesla Motors over patent infringements, according to Electrek. Nikola alleges that Tesla infringes on three of its patents: fuselage design, a wraparound windshield on a semi truck and a mid-entry door. Nikola claims that these design similarities have "caused confusion" among customers and stolen away over $2 billion in business, and that if problems arise with Tesla's Semi (like battery fires or glitches with autonomous driving), they'll be attributed to Nikola. Typical patent troll stuff.

187 comments

  1. Patent Trolls by Oswald+McWeany · · Score: 4, Insightful

    I'm not sure what the laws on the books are for frivolous patent troll lawsuits, but it would be really beneficial to society if frivolous patent law suits were heavily discouraged by huge fines to the troll perpetrating them.

    There is obviously a valid and just use for patents; but there is so much abuse of the system it is ludicrous.

    --
    "That's the way to do it" - Punch
    1. Re:Patent Trolls by bobbied · · Score: 3, Insightful

      Loosing party pays for civil suits would fix this quick.

      It would stop ambulance chasing PE lawyers and those chasing medical malpractice suits too.

      Loosing party pays, means that if you file and lose your lawsuit, you get to pay the winner's legal fees, along with any ordered compensation for damages. It also means that if you win, your legal fees are repaid.

      Of course, the legal profession in this country soundly opposes this idea, so it's not happening.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    2. Re:Patent Trolls by SlaveToTheGrind · · Score: 4, Insightful

      The term "patent troll" typically describes a patentholder who is not actually practicing the patent but simply trying to monetize it.

      Nikola has been actively developing its electric and hydrogen powered semi trucks for several years now and is targeting its first commercial sales next year. The complaint alleges that Tesla first tried to poach Nikola's chief design engineer, and then simply copied Nikola's patented design.

      That doesn't strike me as being even close to a typical "patent troll" scenario.

    3. Re:Patent Trolls by Anonymous Coward · · Score: 0

      How does that work if Mr. Deeppockets who can hire a team of lawyers sues you over something you think you could win, but you aren't sure about?

    4. Re:Patent Trolls by DarkOx · · Score: 4, Interesting

      Looser pays as blanket rule places to much risk on "little people" being able to sue the well to do.

      Joe SixPack highers a perfectly competent but not rock star attorney who charges reasonable rates. Wants to sue oh lets say for fun Donald John Trump Development Corporation. Lets also suppose its a legitimate not so clear cut legal question or contract dispute. DJTDC has a fixed legal staff with time on their hands and every incentive to make the case take as long as possible and explore ever legal avenue and option no matter how absurd; you think its fair to stick Joe with ALL of those costs no matter what unless he wins?

      Sure frivolous suits are frivolous, which is why you can counter sue for Barratry and recover your costs and in some localities a judge may simple rule the loser should pay court costs if he/she feels the case was without merit. The system as fair as far as civil suits go. There are problems with patent law for sure but don't assume the rest of the legal system is as broken or a lot of really smart people have not already considered the options, and set things up the way they did for solid reasons.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    5. Re:Patent Trolls by whoever57 · · Score: 3, Interesting

      "Loser pays" doesn't have to be set up that "Rock Star" attorneys are paid their full rates. In fact, in the UK, where this exists, I think it happens some times that the loser only has to pay legal aid rates.

      Also, the definition of "loser" isn't so simple as one might think. In the UK, if the defendant offers to settle the case for a certain amount of money and actually pays this money into escrow, then the loser is defined by whether the judge awarded an amount that was larger or smaller than the settlement offer.

      --
      The real "Libtards" are the Libertarians!
    6. Re:Patent Trolls by rahvin112 · · Score: 5, Informative

      These are design patents, basically how the truck looks.

      There are only so many ways you can shape a semi-truck that accommodates the wind pressures in the most effective way. Look around at any modern (built in the last decade) truck, they all look the same for a reason.

      Personally having looked at the Tesla and Nicola pictures I think the trucks don't look anything alike when you account for the things that have to be the same (which also match all the diesel trucks being built right now).

      If Nicola's design patents cover these items they are covering design elements that have been in use for decades on all the other trucks out there and will clearly be invalid. If they cover the unique design elements that make their design different than every other truck on the road out there I see little similarity between Nicola and Tesla.

      Ultimately the company is upset for two reasons, poaching employees (whaaaaa, baby want a bottle), and the fact that Tesla is stealing all the big clients with a big rig that's better designed, isn't tied to Hydrogen and will be cheaper to run and operate using known and proven technology. Nicola on the other hand has a truck that can only be refueled in 3 places, has fuel costs that are higher than diesel, is using fuel cells with unknown life spans and who knows what maintenance costs.

      They're upset they picked the wrong horse with hydrogen and want to stop Tesla so they can try to get more sales. It's just marketing by lawyer and I hope Tesla stomps them in court.

    7. Re:Patent Trolls by Anonymous Coward · · Score: 0

      A better solution is to make punitive damages be paid to the state instead of to the plaintiff (and especially the plaintiff's lawyer). Actual damages and actual legal fess okay, but the big settlements intended to discourage bad behavior shouldn't be a lottery winning.

    8. Re:Patent Trolls by Anonymous Coward · · Score: 0

      How does it work today? You can't afford to defend yourself so you have to capitulate.

    9. Re:Patent Trolls by Kaenneth · · Score: 2

      My usual suggestion is the loser pays is capped at the *lesser* amount that the parties paid for defense/offense.

    10. Re:Patent Trolls by The+Grim+Reefer · · Score: 4, Insightful

      My usual suggestion is the loser pays is capped at the *lesser* amount that the parties paid for defense/offense.

      I'd go a step further and would like to see the amount of money that either side can spend be capped as well. Or at least capped, to a reasonable amount, in relation to what the non corporation can spend. Depending on the patent it may very well be worth it for a large corporation to throw millions of dollars at a individual knowing that they will only recoup, say $20K, in legal fees when they will make hundreds of millions off of a patent. If a corporation needs to spend $50K for each dollar an individual spends to defend a patent, then they don't have much of a case.

    11. Re:Patent Trolls by Tulsa_Time · · Score: 1

      Hydrogen is not necessarily the wrong horse.

      There are scenarios that make H more cost effective to store. (ie.. it is its own battery).

      --
      5 out of 6 people enjoy Russian Roulette & 6 out of 7 Dwarfs are not Happy
    12. Re:Patent Trolls by srmalloy · · Score: 2

      Nikola Motors should be worried about prior-art claims, given examples, like the MAN Concept S that was exhibited at the IAA show in Hanover in 2010; both the Nikola and Tesla designs look significantly derivative of MAN's work. And that was just from a casual Google search. If there wasn't so much prior art out there already, I'd patent 'filing lawsuits for outrageous damages using questionable patents to attempt to extract funding from competitor or cripple them as a competitor' as a business-model patent.

    13. Re:Patent Trolls by angel'o'sphere · · Score: 1

      Strange,
      you want to tell me the losing party does not pay for the law suit in the US?

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    14. Re:Patent Trolls by angel'o'sphere · · Score: 0

      They (Nikolas) have probably realized that hydrogen is a dead end.
      It is simply to expensive, fuel costs are on par with gasoline or higher.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    15. Re:Patent Trolls by Darinbob · · Score: 1

      Maybe this was a valid patent? I totally dislike our "anonymous reader" adding such blatant editorializing on the last line, and that the editor did not remove it is a sad thing. Let the readers decide on their own if it's patent abuse or now, and just present the facts. We have enough media out there already that is editorializing and calling it news, we don't need to replicate this everywhere.

    16. Re:Patent Trolls by angel'o'sphere · · Score: 2

      This is a german article: http://www.miles-styles.com/lu...
      But look at the pictures and google for Luigi Colani, those design studies are 50 years old or older.

      Nikola will have bad luck with prior art.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    17. Re:Patent Trolls by thegarbz · · Score: 1

      Personally having looked at the Tesla and Nicola pictures I think the trucks don't look anything alike when you account for the things that have to be the same

      Personally I think they look incredibly similar. Personally I also think they are nothing more of a natural progression of the current offerings. E.g. think Volvo VNL with rounded edges.

      Prior art should be findable in pretty much every futuristic movie or drawing.

    18. Re:Patent Trolls by Anonymous Coward · · Score: 0

      By "loosing", do you mean loosening or losing? Learn the fuck how to spell first before you post even on Slash-fucking-dot!

    19. Re:Patent Trolls by SlaveToTheGrind · · Score: 1

      If Nicola's design patents cover these items they are covering design elements that have been in use for decades on all the other trucks out there and will clearly be invalid. If they cover the unique design elements that make their design different than every other truck on the road out there I see little similarity between Nicola and Tesla.

      No need to speculate -- the patents and the features they allegedly cover are all described in detail in the complaint I linked to above. Would you put, for example, the wraparound windshield in the "have been in use for decades on all the other trucks out there" bucket, or the "unique design element that make their design different than every other truck on the road out there" bucket?

    20. Re: Patent Trolls by Anonymous Coward · · Score: 0

      What kind of party is a loosing party? How does someone still manage to fuck up the spelling of losing, in 2018?

    21. Re:Patent Trolls by Anonymous Coward · · Score: 0

      Just wait for the high speed train patent owners to go after Nikola Motors then. The trucks look like they ripped the design off of the front end of a random high speed train.

    22. Re: Patent Trolls by Lab+Rat+Jason · · Score: 1

      An archery party....

      --
      Which has more power: the hammer, or the anvil?
    23. Re:Patent Trolls by Lab+Rat+Jason · · Score: 1

      I can't remember where I saw it, but there was a cool infographic about total cost of hydrogen. Basically, if you could pump pure hydrogen out of the ground and use it, it might be cost effective, but you have to pay to split water (or whatever other molecule you intend to get H from) then you gotta compress it, transport it, load it into the vehicle for use, and THEN you finally get to burn it for energy... the losses in that system are incredible. It's just not efficient.

      --
      Which has more power: the hammer, or the anvil?
    24. Re:Patent Trolls by Lab+Rat+Jason · · Score: 1

      If you've ever seen how long a truck sits at a dock while the cargo is being loaded/unloaded you wouldn't say that. Except for long haul, battery powered trucks are perfectly suited for this, once infrastructure is put in place, and trust me, charging infrastructure is WAY cheaper than gas or diesel fueling infrastructure. Pretty much any place a truck wants to drive already has power, usually of the 220v/440v persuasion, so just about any electrician could install a charging unit next to a loading dock in a few days time. We just need a company to start building and selling commodity charging units.

      --
      Which has more power: the hammer, or the anvil?
    25. Re:Patent Trolls by Lab+Rat+Jason · · Score: 1

      I don't think that's the definition of prior art.

      --
      Which has more power: the hammer, or the anvil?
    26. Re:Patent Trolls by Anonymous Coward · · Score: 0

      The article author is upset because they're a Tesla-fanboi and they can't believe that Tesla would do what is alleged.

    27. Re:Patent Trolls by Anonymous Coward · · Score: 0

      People just need to call it for what it is, a way to keep the big business gas stations, refineries, and other infrastructure "Big Oil" owns relevant in a post-gasoline world.

    28. Re:Patent Trolls by rahvin112 · · Score: 2

      Look at pictures of the two trucks. The Tesla clearly has pillars between the side windows and windshield, they are just black and glossy to make them look more like glass.

      The Nicola design wraps the glass around onto the side then has the pillar a foot back from the windshield.

      In this case and all the other claims the Tesla and the Nicola look nothing alike. They are both an evolution of the standard truck designs from the last 10 years. Both trucks look more like some concept designs from 20 years ago than they look like each other.

      https://electrek.co/2018/03/16...

      https://www.trucks.com/2016/12...

      Look at the pictures in the two links and tell me they look the same. Besides the windshield differences the Tesla has no grill and what looks like frunk like hood, the Nicola has a huge grill. The Tesla has vertically oriented lights, the Nicola has horizontally oriented lights.

      The Tesla has wind shields over the front wheels that extend back to the back of the cab creating an air channel from front to back. The Nicola wind shields over the wheels have a conventional profile tying out without the channelization but these shields also have a second big grill under the headlights.

      The Nicola has thick arms with a slot supporting the side mirrors, Tesla has a thinner single blade arm supporting the side mirrors. The Nicola side mirrors are rectangular with rounded corners, the Tesla mirrors are tapered at the top with almost a rounded triangular shape on the top.

      The Driver in the Tesla is centered in the cab, the Nicola uses a standard Left/Right side driver seat. Etc, Etc, Etc.

      These two trucks look NOTHING alike once you discount the similarities to actually be a semi truck. Semi trucks have to be certain sizes width and length, have a defined profile and shape that fits the wind profile. They have to match the standard trailers in the industry and have the standard type, size and spacing of tires. The Diesel Semi-trucks you can buy right now from vendors like Volvo, International and others look very similar.

      The lawsuit is a joke, you have to wonder if it's an attempt to get purchased by Tesla because Tesla is doing so much better and Nicola bet on Hydrogen being a viable fuel by now and it's not, the trucks aren't in production and costs of production and hydrogen will likely preclude any serious sales once Nicola actually starts producing trucks if they ever do.

    29. Re:Patent Trolls by Anonymous Coward · · Score: 1

      Trucks don’t sit in docks you fucking stupid moron. They leave the trailer and pick up their next load dumbass.

    30. Re:Patent Trolls by rahvin112 · · Score: 1

      Two things it occurs to me I forgot to mention.

      First the biggest reason the two trucks are somewhat similar is that neither has to support installation of a 12 cylinder diesel engine. As a result the truck's don't need the extended engine compartment and have a flatter profile like the older trucks where the drive was on top of the engine rather than behind it. This is purely a functional aspect that's the result of using an electric motor for drive.

      The second is the design patent you cited about the wrap around windshield. There is a ton of prior art for those, but the most important fact is that anyone actually building trucks would never use one because it ups the cost of the windshield production substantially to shape the glass in the wraparound shape and makes replacements much more expensive. Producing that wraparound windshield would probably double the cost of the windshield and anyone actually making trucks would drop it immediately because of the needless cost it would add to the truck.

      Finally Tesla, because they are actually producing trucks, has two different models, they have a standard day use truck and a long haul truck. The long haul truck has a sleeper but also includes the standard wind scoop on the roof to channel air up over the trailer because this can save a significant amount of energy (I've been told it can add as much as 6mpg to a diesel truck). The day use truck includes neither because these trucks are frequently used in cities at lower speed whereas the long haul trucks spend 95% of their time on the freeway at maximum speeds.

    31. Re:Patent Trolls by another_twilight · · Score: 1

      Hydrogen is not a fuel in the sense that petrol is.

      It's an energy transport medium that has a 'fuel' stage so that existing infrastructure (esp. businesses) can adapt rather than being replaced.

      Coal, gas, solar, hydro etc. are the energy source for hydrogen, same as for batteries. Better energy density might be possible with hydrogen fuel cells, but tying them to the existing fuel delivery process is an advantage for the incumbents only.

    32. Re:Patent Trolls by Richard_at_work · · Score: 1

      In the UK, costs are awarded by the judge - its not automatic, its a judgement call as to whether they are awarded at all, to whom they are awarded and to what extent they are awarded.

      There are numerous cases of the party that brought the case being made to pay the full costs, even when they won.

      The legal system in the UK is a lot fairer in this regard than the US system.

    33. Re:Patent Trolls by Anonymous Coward · · Score: 0

      Looser than your mom, after that party.

    34. Re:Patent Trolls by Anonymous Coward · · Score: 0

      I've seen this cut both ways myself under the rule in my state that lawyers are entitled to reasonable rates. I've seen the LSC recipients get $200 an hour for representation they would have otherwise provided for free; I've seen lawyers get their hourly rates cut from $150 to $65 ; I've seen lawyers get their hourly rate raised from $250 to $350; I've seen final bills slashed by 20%, despite the judge saying that the formula and inputs were reasonable, because the judge "felt the final number was too high"; and I've seen final bills raised by 60% to hit a round number.

    35. Re:Patent Trolls by Anonymous Coward · · Score: 0

      Don't get out of the basement much, now do you? I can well imagine from your comment that you have zero knowledge of what electricians do. Much like the comment that electricity is everywhere. Really?

    36. Re:Patent Trolls by Anonymous Coward · · Score: 0

      How about patent troll loss ends in execution?

    37. Re:Patent Trolls by rtb61 · · Score: 1

      People also forget corporation tend to go nuts suing hundreds of people. So lose one case, wham, lose them all and pay for all those court costs, so loser pays makes sound legal and moral sense. How those patents got approved is another thing. Clearly corporations should be able to sue the USPTO for allowing bogus patents through the system, if they can prove the patent should not have been approved, the USPTO should pay, for all associated costs of proving that patent invalid.

      --
      Chaos - everything, everywhere, everywhen
    38. Re:Patent Trolls by rtb61 · · Score: 1

      Yeah Hydrogen is fucked, well and truly skewered, deceased, morte, a soon to be rotting corpse. Nearly every year, an announcement about better battery technology comes out, a new refinement, new materials all leading to greater storage capacity, more recharges and cheaper battery cost and it doesn't look like stopping soon https://www.eurekalert.org/pub..., hey look, hydrogen gas as waste.

      --
      Chaos - everything, everywhere, everywhen
    39. Re:Patent Trolls by citizenr · · Score: 1

      In our sad reality its cheaper to hire Columbian assassin to kill every current and replacement lawyers working for the patent troll in the span of next couple of years than paying for your own competent legat team and fighting a court battle.

      Im really surprised we havent yet heard about patent troll law firms going dark/dead.

      --
      Who logs in to gdm? Not I, said the duck.
    40. Re:Patent Trolls by Anonymous Coward · · Score: 0

      Put a battery in the trailer as well.

    41. Re:Patent Trolls by bobbied · · Score: 1

      Nope... Legal fees (What you pay your lawyer and his staff) are your expense in the USA.

      For instance, my daughter had an injury from a car accident that wasn't her fault. Her injury will result in life time impairment of her dominate hand. She will get somewhere north of 60K in the settlement and if we hire a lawyer, they will take 1/3 to 1/2 of the money. We don't get to ask the insurance company for the 20k to 30k in legal fees they will take and get a settlement for 80-100 K just because we decided to pay our lawyer that much.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    42. Re:Patent Trolls by angel'o'sphere · · Score: 1

      Well,
      in Germany the guy losing the case would pay all fees.
      And the fees are determined on "the value of the case", so a lawyer would never get more than about 7k or so from a 60k case.
      It is in most european countries similar, but I don't know the details.

      So the american law system makes it easy that 'poor' people never get their right ...

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    43. Re:Patent Trolls by bobbied · · Score: 1

      Yea, that horrible legal system in the USA.. Worst possible system I can imagine, except for every other system man has invented and tried. Maybe we can make it better with some tweaks? Maybe not....

      I had a lawyer tell me once that only the lawyers usually win in a lawsuit. I think he was one of the few honest lawyers, well he was honest with his client (me)at least. In my experience, having been involved in a number of civil cases of various types, I can attest that pretty much only the lawyers are guaranteed to benefit from litigation. Everybody else generally loses something, either tangible (money) or intangible (morals, ethics or principles).

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    44. Re:Patent Trolls by david_thornley · · Score: 1

      You can often defend yourself. You're at a disadvantage, but probably not hopeless. What "loser pays" does is turns a loss into a financial disaster.

      Suppose I want to sue a company. As is, my legal costs would doubtless be in the tens of thousands or more, and if I were to lose the suit that's all I'd lose. Tens of millions of people in the US could afford that if they really wanted to. With "loser pays", I go bankrupt if I lose the case.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    45. Re:Patent Trolls by david_thornley · · Score: 1

      The complaint [scribd.com] alleges that Tesla first tried to poach Nikola's chief design enginee

      Restricting "poaching" is restraint of trade. A lot of high-buck tech companies in California had their wrists lightly slapped for non-poaching agreements. It also has absolutely nothing legally to do with patents.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    46. Re:Patent Trolls by SlaveToTheGrind · · Score: 1

      Restricting "poaching" is restraint of trade.

      Nor did Nikola ask for any restraint on poaching. Did you actually read the complaint?

      It also has absolutely nothing legally to do with patents.

      Nor did Nikola say it did. Same question applies.

    47. Re:Patent Trolls by McWilde · · Score: 1
      --
      Maybe
    48. Re:Patent Trolls by david_thornley · · Score: 1

      Having read the complaint, I still don't understand what Tesla trying to hire Nikola's chief engineer had to do with anything. The lawsuit claims that Tesla saw the Nikola photo before the offer, and came up with a similar vehicle design beforehand.

      I don't have a whole lot of experience, but this is the most rambling legal document I've seen. I don't think I've ever seen a legal complaint discussing someone's childhood dreams before.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  2. Why Bother? by im_thatoneguy · · Score: 1

    According to Nikola, Tesla's truck is an impossible scam that will never work. So why bother suing a product that supposedly will never come to market?

    1. Re:Why Bother? by SlaveToTheGrind · · Score: 0

      According to Nikola, Tesla's truck is an impossible scam that will never work. So why bother suing a product that supposedly will never come to market?

      For one thing, because Tesla's big PR splash about its truck can harm Nikola's sales of its truck even if Tesla's truck never actually comes to market.

    2. Re:Why Bother? by Anonymous Coward · · Score: 1

      In what world does that make sense?

      I need a truck. Nikola sells trucks. I'll buy one.

      Tesla sells trucks too. No? Ok, then I still will buy Nikola...

      They should be more concerened with Peterbilt.

  3. Not a troll by Anonymous Coward · · Score: 2, Insightful

    The patents may or may not be valid, but it is wrong to call Nikola a "patent troll". Patent trolls produce no product and are only a scam to collect money thru the courts. Nikola definitely has a business in this market segment. Please update the post and remove this line.

    1. Re:Not a troll by Anonymous Coward · · Score: 1

      Nikola Motors hasn't produced anything yet. It's doubtful they ever will.

    2. Re:Not a troll by Socguy · · Score: 1

      Nikola has produced tons of hype but have they actually produced a production prototype yet that can be validated? They claim that they are going to build a factory but have they started construction yet? One really has to wonder if they have anything to sell. Also, you're wrong that a company cannot be a patent troll if they have any kind of product. SCO comes to mind....

  4. Re:DNC is suing Moscow Donald's crime family by bobbied · · Score: 1

    Hmm, I wonder if a discussion about the President of the USA colluding with Russia's computer hacking attack on the DNC and other American targets is worth of a "News for Nerds" website.

    No? Too stupid to talk about hacking that crosses over into treason?

    Ok, let's talk about some small-time lawsuit instead.

    It's worse than that even... This article and it's headline IMPLIES a connection to a Nikola Tesla patent on AC motors... Such patents have expired over 100 years ago..

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  5. Nikola bans Tesla by Anonymous Coward · · Score: 0

    to complete his personality disorder.

    1. Re: Nikola bans Tesla by Anonymous Coward · · Score: 0

      Is Tesla related to Nikola?

    2. Re:Nikola bans Tesla by k6mfw · · Score: 1

      Reading the history of Tesla the man is an interesting one. Like many brilliant visionaries, they seem to not meld that well with rest of society particularly the business world. Nikola battled industry tycoons because AC is much better method to distribute electrical power, he had to release control of his patent in order to make it work (would the US be on DC when everyone else on AC?). There has been discussion Marconi stole Tesla's idea for long distance wireless communication. Fast forward to this century... rinse, repeat.

      --
      mfwright@batnet.com
  6. $2B in loss business by Anonymous Coward · · Score: 0

    print min(total_sales,claimed_losses);

    0

  7. Re:DNC is suing Moscow Donald's crime family by Anonymous Coward · · Score: 0

    We don't waste our time with tinfoil hat conspiracy theories.

  8. Re:It's not frivolous. by sabri · · Score: 5, Informative
    Exactly. This is not a case of a patent troll. In this case, there is a company actually working on something, and Tesla has been poaching their employees. From the article:

    Nikola unveiled its hydrogen-powered semi in December 2016. Elon Musk first showed off the Tesla Semi last December. Once you start looking at the drawings in Nikola's patents, or compare photos of concept vehicles, you'll see that there are some similarities between the trucks. Nikola also alleges that Tesla reached out to poach an employee and doesn't hold any patents for its truck design compared to Nikola's half-dozen.

    This is not a patent troll. This is a company who is competing with Tesla.

    And I'm not saying that they are right and will win the case.

    --
    I'm not a complete idiot... Some parts are missing.
  9. Design Patents? by azadrozny · · Score: 1

    Are these design patents? The Blue Jeans Cable case comes to mind here. I suppose they look similar, but how many ways are there to style a semi-truck?

    1. Re:Design Patents? by ColdWetDog · · Score: 1

      They ARE design patents. Yes, they look similar. The question is going to be 'how similar'. Personally, I think they look like 'future trucks' from 1960's comic books.

      --
      Faster! Faster! Faster would be better!
    2. Re:Design Patents? by SlaveToTheGrind · · Score: 0

      Are these design patents?

      Yes.

      how many ways are there to style a semi-truck?

      Apparently enough ways that Nikola was able to get design patents on its particular one. In particular, I don't recall seeing anything like Nikola's wraparound windshield out in the wild.

    3. Re:Design Patents? by hawk · · Score: 1

      Actually they're both clearly derived from stormtrooper helmets.

      And Lucasfilm now has the Disney Lawyer Horde at it's beck and call . . .

      hawk

    4. Re:Design Patents? by azadrozny · · Score: 1

      I wonder how truck companies deal with this today. If I put a Mack and a Peterson truck side-by-side, I would imagine that very few people could tell the difference without looking at the name badge. I don't recall hearing about Nicola before today. Sounds like they are jealous of Tesla, and figure any publicity is good publicity.

    5. Re:Design Patents? by Anonymous Coward · · Score: 0

      [quote]
        by ColdWetDog ( 752185 ) on Wednesday May 02, 2018 @01:30PM (#56542380) Homepage

      They ARE design patents. Yes, they look similar. The question is going to be 'how similar'. Personally, I think they look like 'future trucks' from 1960's comic books.
      [/quote]

      So that means there is prior art, and the patent validity is in question...

      right?!?

    6. Re:Design Patents? by Anonymous Coward · · Score: 0

      Just because you’re a blind retard doesn’t make nikola’s case with with out merit.

    7. Re:Design Patents? by tlhIngan · · Score: 1

      Are these design patents? The Blue Jeans Cable case comes to mind here.

      Why not reference everyone's favorite rounded corner patent case? (Because that also was a design patent).

      Though, one thing with design patents is they are generally checklists - if your item has everything in the checklist, it's violating the patent. If you change one thing so it's similar, but not covered by the patent, it's no longer violating.

      Hence, rounded corners with a grid of icons for a display with said grid featuring a row of static icons as well (which matches no Android OS out there - because Google avoids it - the home screen (the only screen with a fixed row of static icons) has widgets that tell time, weather, etc as well (not a grid of icons). The App Launcher doesn't have a static row of icons, etc).. Samsung TouchWiz though, at the time ...

      So Nikola needs to prove Tesla checks all the boxes, while Tesla needs to show in no configuration does it check all the boxes.

    8. Re:Design Patents? by Anonymous Coward · · Score: 0

      Clearly not enough that an automotive news site confuses the Nikola Truck with the Tesla Truck https://www.torquenews.com/3618/question-about-specs-tesla-semi-tesla-pickup-truck-know

  10. Re:It's not frivolous. by Anonymous Coward · · Score: 0

    And apparently neither is "Nikola Motors."
     
    Only an idiot would be actively pursuing a hydrogen-fuelled anything. You aren't going to magically break the laws of physics and manage to contain the stuff. One of the reasons that the Shuttle was so expensive was the decision early on that they made to use hydrogen as the liquid fuel. The problem plagued them through from day one through the final launch.
     
      HYDROGEN AND METALS DO NOT MIX WELL.

  11. You're kidding me .... by Anonymous Coward · · Score: 1

    Nikola alleges that Tesla infringes on three of its patents: fuselage design, a wraparound windshield on a semi truck and a mid-entry door.

    Well, two of these pretty much are the product of wind tunnel testing, aren't they? Pretty much why every sedan looks identical these days?

    And, um, moving the location of a door? Is this a patentable invention?

    I swear, the USPTO needs to be reined in and stop allowing idiotic patents. Right now their model of "approve everything, collect the money, and let someone else figure out if it was a good patent" is stupid.

    The USPTO should be the ones having to defend a patent in court, or at least defend why it was a valid patent in the first place. Put the onus back on them to be competent and thorough instead of just being a rubber-stamp outfit.

    So much patent bullshit over the years, all caused by laziness and stupidity on their part.

    1. Re:You're kidding me .... by Dragonslicer · · Score: 1

      Nikola alleges that Tesla infringes on three of its patents: fuselage design, a wraparound windshield on a semi truck and a mid-entry door.

      Well, two of these pretty much are the product of wind tunnel testing, aren't they? Pretty much why every sedan looks identical these days?

      And, um, moving the location of a door? Is this a patentable invention?

      These are design patents, so "inventiveness" doesn't really enter the debate. One question that will come up is how functional are the elements in the patent? Design patents must be on purely non-functional aspects; effectively, design patents are more like trademarks than utility patents. If the first two are because they're the most aerodynamic shape, they would be functional elements that can't be covered by design patents. The design patent on the location of the door is more likely to be valid, depending on whether or not there's a functional advantage to it.

    2. Re:You're kidding me .... by Anonymous Coward · · Score: 0

      I think the advantage is that you can put stuff to the left/right of the driver without having to contend with a door, thus again, functional.

  12. New Patent rules destroying the concept of patents by Anonymous Coward · · Score: 0

    I remember in the 1960's and 70's that patents were still a good thing. Then came the corrupt (but still booming 80's) Giving birth to lying laws and in the following decades after the birth of the Web as we know it today.. TROLLS. Either make a patent a patent, and nothing more. Or just get RID of them.

  13. Sounds like they mean trademark by Anonymous Coward · · Score: 0

    Confusion in commerce (whether on the features side or the liabilities side) is a trademark issue. Patents don't provide any protection against that.

    1. Re:Sounds like they mean trademark by HiThere · · Score: 1

      Actually, for a design patent I think that's a valid point. Whether it's an accurate one is a separate question.

      Also there should be a question as to whether the patent is valid. There has been the question raised above this in the list as to whether the trucks in 1960's comic books count as prior art, and there could well be other examples.

      So I think they should lose the case, even though "confusion in commerce" is probably a valid argument.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  14. Yup, on the conference call day by 140Mandak262Jamuna · · Score: 1

    Well, I wish Elon would take on these patent trolls like he did the auto dealerships.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:Yup, on the conference call day by Anonymous Coward · · Score: 0

      Well, I wish Elon would take on these patent trolls like he did the auto dealerships and fail misterably

      Fixed that for you.

    2. Re: Yup, on the conference call day by Anonymous Coward · · Score: 0

      I wish Tesla was forced into dealership agreements. Then I could buy parts + manuals and fix the cars myself.

    3. Re: Yup, on the conference call day by Anonymous Coward · · Score: 0

      You purchases a car only Tesla can fix. You are the idiot.

    4. Re: Yup, on the conference call day by Anonymous Coward · · Score: 0

      One google search and viola, I have the workshop manuals. For free. You know that there has always been people who put these thigns up on the Internet for any car?

      Another google search annnnd..... yep I got sources for spare parts.

      Idiot.

  15. Re:DNC is suing Moscow Donald's crime family by msnash · · Score: 1, Informative

    Don't feed the trolls.

  16. Patent Trolls? by Anonymous Coward · · Score: 0

    Patent trolls are companies which buy patents, and whose entire business model is to sue other companies for infringement of said patents. If a company is using the patent to actually MAKE something, then it's not, by definition, a patent troll.

  17. Okay, now I'm confused. by fahrbot-bot · · Score: 1

    Nikola claims that these design similarities have "caused confusion" among customers and stolen away over $2 billion in business,

    Doesn't one say "Tesla" and the other "Nikola" on the sides and grilles?

    --
    It must have been something you assimilated. . . .
    1. Re:Okay, now I'm confused. by Anonymous Coward · · Score: 0

      Think Apple suing Samsung for the design of a tablet that's a rectangle with rounded corners.

    2. Re:Okay, now I'm confused. by Anonymous Coward · · Score: 0

      Since an automotive news site got them confused, apparently not clearly enough https://www.torquenews.com/3618/question-about-specs-tesla-semi-tesla-pickup-truck-know

  18. Patent Troll? by Dog-Cow · · Score: 1

    I thought the plaintiff is only considered a troll if they have no products using the patented feature or design. From the summary, it sounds like Nikola does use these things. It also sounds as if they might design patents, but that's not pertinent to the question of troll.

    1. Re:Patent Troll? by Anonymous Coward · · Score: 0

      They aren't a patent troll. It is just there are some Slashdot posters who jump on things like this without giving it much thought. Conditioned response. I suspect it would correlate to IQ if we had that information. Or employment at Facebook or Google.

  19. Re:It's not frivolous. by ColdWetDog · · Score: 4, Informative

    These are Design Patents (think Coke Bottle). While perfectly valid legal entities, I think the term 'patent' is a bit of misnomer. More of a trademark kind of thing.

    Still, something to get lawyers all hot and bothered about.

    --
    Faster! Faster! Faster would be better!
  20. Yeah, driving around... by Mysticalfruit · · Score: 1

    Yeah, driving around I've seen all these different but somewhat identical electric semi's and I've been all confused as to who was making them... oh wait... Neither of these companies are actually producing an actual vehicle.

    This sounds like trolling of the worst and banal kind.

    --
    Yes Francis, the world has gone crazy.
    1. Re:Yeah, driving around... by Anonymous Coward · · Score: 1

      Neither of these companies are actually producing an actual vehicle.

      I'll just leave these here for you to view later...

      Tesla’s new electric Semis make their first cargo deliveries

      Nikola One in Motion

      You're welcome!

  21. Nikola partially to blame by Anonymous Coward · · Score: 1

    Before Tesla's semi project got off the ground, I heard a radio interview with a Nikola exec about their R&D. If I remember right, the company had chosen 'Nikola' as the name exactly because they were competing in the same electric vehicle space as Tesla was, but for commercial vehicles rather than personal vehicles.
    I think Nikola is partly to blame for the confusion they allege, by intentionally choosing a name that is already closely associated with the name Tesla.

  22. look like Storm Trooper helmets Disney will sue by EnOne · · Score: 1

    I looked at both and they both look like Star Wars Storm Trooper helmets. Both companies are going to lose their design patents to Disney.

    --
    Calvin:Do you believe in the devil? Hobbes:I'm not sure man needs the help.
    1. Re:look like Storm Trooper helmets Disney will sue by Lab+Rat+Jason · · Score: 1

      Nope... Cylon Raiders are the best prior art.

      --
      Which has more power: the hammer, or the anvil?
  23. Re:It's not frivolous. by AvitarX · · Score: 1

    The company's name seems to be chosen to cause confusion to me.

    in 2014 an alternative fuel transportation company chooses Nikola as the name, I'm sure it was definitely coincidence...

    Sure, they seem to be also legitimately competing, but I think it's pretty weak sauce for them to claim confusion with a company in the news wasn't their plan from the start.

    Based on the fact that they chose their name in 2014, Nikola Motors seems like a dubious company.

    None of this is necessarily legal arguments, but it is legal to be shady, and based on what I've seen Nikola is shadier than Tesla (which certainly has some shadiness itself).

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  24. Re:It's not frivolous. by Anonymous Coward · · Score: 0

    Tell us more Mister Science... like where you got your engineering and physics degree.

    Tired of people like you talking methane and solid waste with no understanding of the core engineering beneath.

    H2 fuelled vehicles are leaps ahead of batteries which have not had any new tech in years. You can only get so dense with the materials before it becomes a bigger hazard than gas that's lighter than air and won't melt steel beams.

  25. Re:It's not frivolous. by Anonymous Coward · · Score: 0

    Yeah, like the other guy said ... Nikola Motors is causing this confusion on purpose. They named themselves Nikola Motors because of Tesla Motors. Fuck theses scummy fucks, man.

  26. Re:It's not frivolous. by DontBeAMoran · · Score: 5, Funny

    Tesla has electric cars powered by DC batteries.

    Nikola has alternative fuel vehicles.

    Just to confuse the hell out of everyone, someone needs to start an AC-powered car company called Edison.

    --
    #DeleteFacebook
  27. Re:It's not frivolous. by DontBeAMoran · · Score: 1

    The solution is to use wooden beams. Those don't melt!

    --
    #DeleteFacebook
  28. Design .vs. Utility by ElitistWhiner · · Score: 1

    Nothing rises to the level of a utility patent with regard to door placement, windscreen curvature, bodyside skirting on a vehicle. At best they will resort to design patentability. Even then body skirts are prior works known in the trade and obvious to the craft in all three embodiments.

    BUT its fabulous exposure and marketing may be able to be patented trading on naming conventions for protection arguing that obvious commonalities are confusing in the marketplace if not the USPTO

    1. Re:Design .vs. Utility by Anonymous Coward · · Score: 0

      And Nikola was not the first with these designs.
      Here a few concepts from the last few years, many of them before Nikola presented his truck.
      https://www.pinterest.com/pin/425801339746907503/

    2. Re:Design .vs. Utility by Anonymous Coward · · Score: 0

      "At best they will resort to design patentability."
      I guess that's why claim one of the lawsuit is. "On 30 December 2015, Nikola Corporation, a start-up alternative fuel vehicle manufacturer, filed with the United States Patent and Trademark Office a series of design patents for an electric Class 8 heavy duty truck."

  29. Executive board meeting by Anonymous Coward · · Score: 0

    X: Did you see the semi truck fire on CNN
    Y: Yeah, it had a wrapped around windshield. It must be Nikola
    X: Let us not buy Nikola semi in future.

    You see, this is why Nikola is losing 2 billion dollar business.

  30. Confusion? Which they sought themselves! by internet-redstar · · Score: 1
    This is a strange allegation. One could argue that by naming their company "Nikola", it's them who started the confusion with Tesla. It's also very publicly known that Tesla leadership had plans to build a semi years before Nikola was founded.

    Maybe Tesla could counter-sue to strip them from their company name?

    All in all, all this kind of litigation isn't productive at all. Sad really.

  31. Re:It's not frivolous. by Anonymous Coward · · Score: 3, Informative

    Tesla's motors run on AC juice. The DC from the battery is converted to AC to drive induction motors, something a guy called Nicola Tesla designed a lot of years ago.

  32. At least now we know... by Type44Q · · Score: 1

    At least now we know that "Nikola Motors" is neither now - nor will it ever be - a manufacturer of actual vehicles.

  33. Re:DNC is suing Moscow Donald's crime family by Anonymous Coward · · Score: 0

    A DNC dumbass falling for a phishing scam doesn't make it an inside job. It also doesn't excuse the hack.

    And shame on you and all of your right wing nut job associates for politicizing Seth Rich's tragic death.

  34. Re:It's not frivolous. by Type44Q · · Score: 2, Insightful

    This is clearly a patent troll masquerading as Tesla's competition.

  35. Re:DNC is suing Moscow Donald's crime family by David_Hart · · Score: 2

    Lets talk about how the DNC hack was an inside job. Hmm, I wonder if anyone remembers that part where file metadata showed the mail dump was copied from the server to a USB drive.

    No? Don't remember who Seth Rich is?

    Ok, lets circle jerk to the left's favorite conspiracy theory instead.

    For those not up to speed on the latest conspiracy theories, it's been alleged that the DNC hack was an inside job. One of the "facts" supporting this theory is that the files were being transferred at 22.7 MB/s (based on file timestamps) faster than what could reasonably be expected over a standard internet connection at the time. However, it completely ignores the possibilities that there was fast internet available at the time, the ability to download multiple files to multiple computers (i.e. like a botnet), and the possibility that the files were downloaded to one computer, copied to a USB, then copied to another computer for upload. In other words, this "fact" doesn't prove anything.

    In fact, since the release of this theory, a number of the original "authors" (which include former NSA experts) have since backtracked...

    http://thehill.com/policy/cybe...

    https://www.washingtonpost.com...
     

  36. Re:It's not frivolous. by Type44Q · · Score: 2

    How about a gas-powered car called the Volt?

  37. Re:It's not frivolous. by sl3xd · · Score: 2, Insightful

    Design patents are always interesting, though, since Juries decide if it looks close enough to be violating the patent.

    TFA's picture comparison is... well, dubious. If you ask me, the Nikola One looks a lot more like the bastard child of a Mistubishi Fuso and a Volvo Semi truck.

    Nikola's model definitely looks more like Thor Trucks' model.

    Honestly, I think the lawsuit is primarily to get PR. I had no idea they existed until today, so they've succeeded.

    --
    -- Sometimes you have to turn the lights off in order to see.
  38. Who? by Anonymous Coward · · Score: 0

    Granted, my breadth of knowledge in various motor industries may be lacking but ... Nikola motors being confused with Tesla ... in general, is a far stretch.

    Is 'Tesla Motors', even a trademarked or copyrighted name?
    I'll presume 'Nikola Motors' is.
    Despite if both are, negative outcomes yet to occur, from 'Tesla' products, being attributed to separate entity, is a broad claim, from patent infringement.

    I can't see this going far on that basis.
    There may, may not be merit in the individual patent claims, but like everything else, they need to run their course.
    And hopefully, not anywhere near East Texas!

  39. Prior Art by SpiceWare · · Score: 1

    This Electrek article show prior art for wrap-around windows and mid entry door. Check the comments and you'll find many others, such as the Volvo Supertruck concept from 2014. The Nikola cab looks way closer to that Volvo than the Tesla cab does to the Nikola.

  40. Dubious by hackertourist · · Score: 1

    Fuselage design is just what you get when you stick a semi in a windtunnel and take things one step beyond conventional models. Every 'advanced concept' truck looks like this. And the two designs don't look all that similar beyond the outer mold line.

    Wraparound windshield: meh. The idea is old (look at current Scanias for instance), it's just that they usually have the doors further forward.

    Which leaves us with the only innovation: the mid-entry door. I don't see truckers enjoying this one, esp. if you're working short haul you don't want to get up, then shuffle a winding path toward the exit. You want the door to be next to the seat.

  41. Re:It's not frivolous. by DontBeAMoran · · Score: 4, Funny

    Hey you, stop trying to introduce solid facts into my lame attempt at a weak joke.

    --
    #DeleteFacebook
  42. Re:It's not frivolous. by mandark1967 · · Score: 1

    And then patent a 3000 mile long extension cord

    --
    Sig Follows: "Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself." -- Mark Twain
  43. Re: It's not frivolous. by edris90 · · Score: 2

    Metal hydride storage. That has been solved for over a decade.

  44. Coincidentally by Anonymous Coward · · Score: 0

    Thomas (english muffins) is suing Edison.

  45. Green on Green crime. Sad (nt) by Brannon · · Score: 1

    nt

  46. Re:It's not frivolous. by Anonymous Coward · · Score: 0

    Nikola makes things with their patents. Patent trolls don't.

    You are clearly wrong. An understandable case of ignorance, arrogance, or stupidity.

  47. Re:It's not frivolous. by jcr · · Score: 2

    Nikola's not using metal tanks. This 2018. The tanks are carbon fiber, with a polymer lining (not sure what the composition of that is), they contain pressurized, not liquid H2 and they operate at 10K PSI. The fact that we don't need massive metal tanks anymore is one of the things that makes their product possible.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  48. Re:DNC is suing Moscow Donald's crime family by tricorn · · Score: 1

    Could have also been zipped before transfer, the time stamps are just how long it took to unzip and write the files. Seriously, that was a conspiracy theory? Lame...

  49. Re:It's not frivolous. by jellomizer · · Score: 1

    If aspects of a design affect function, then it may fall under patent Territory.

    The truck design is probably an aspect in its function, Aerodynamics, Different placements due to using Motors vs an Engine....

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  50. Re: It's not frivolous. by jcr · · Score: 1

    Nikola's not using hydrides.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  51. Re:It's not frivolous. by I4ko · · Score: 1

    Didn't GM rename that car to Bolt?

  52. Re:It's not frivolous. by AvitarX · · Score: 1

    Nope, Bolt is the pure electric Model 3 competitor.

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  53. https://www.servicedonline.com/american-airlines by Anonymous Coward · · Score: 0

    I fit in with your conclusions and will eagerly look forward to your next updates. Just saying thanks will not just be sufficient, for the fantastic clucidity in your writing. I will instantly grab your rss feed to stay informed of any updates

  54. Re:It's not frivolous. by Anonymous Coward · · Score: 0

    Competing with them by trying to create market confusion based on their name. Trying to get people to associate them with Tesla by naming themselves Nikola. Right, like these guys should be able to sue about "causing confusion" among customers... That's just wrong.

  55. Re:It's not frivolous. by Anonymous Coward · · Score: 0

    No, they did not. They have an ICE / Hybrid called the Volt and they also sell a BEV called the Bolt. Whoever OKed those names was a real dumb shit.

  56. Re:It's not frivolous. by GrumpySteen · · Score: 1

    I'm guessing you didn't notice that the Nikola One uses its hydrogen powered generator to charge on-board lithium ion batteries before you typed out that rant.

  57. Re: It's not frivolous. by Anonymous Coward · · Score: 1

    And then get sued by Thomas Motors!

  58. Re:It's not frivolous. by rogoshen1 · · Score: 2

    only if their mascot is an elephant in the throes of anguish and agony.

  59. Re: DNC is suing Moscow Donald's crime family by Anonymous Coward · · Score: 0

    Yeah, it's so much more plausible that some custom zip tool that doesn't conserve timestamps was created specifically to unzip these files. Unless you can name one commonly used unzip tool which ignores timestamps by default?

  60. Re:It's not frivolous. by MightyYar · · Score: 1

    Of course they run on AC - otherwise they'd need brushes. But it's not the kind of AC power that Nikola Tesla had to deal with (fixed frequency, sine wave). In fact, if you are presented with Nikola Tesla's AC and you want to control a brushless motor in the same way that Tesla (the company) is, your first step will be to rectify it to DC.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  61. Re:It's not frivolous. by MightyYar · · Score: 3, Insightful

    Not as confusing as the Spark being gasoline powered. A reasonable person would expect it to follow in the footsteps of the other electrically-named cars.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  62. Tesla did not invent AC by Anonymous Coward · · Score: 0


    Nikola Tesla invented alternating electrical current.

    No, Nikola Tesla did not invent alternating electrical current. What he invented was the supply system (three-phase, high-voltage step-up/step-down, etc.), alternating-current, induction motors and improved alternating-current generators. These inventions made the already-known alternating-current viable for creation, distribution and utilization.

    1. Re:Tesla did not invent AC by Anonymous Coward · · Score: 0

      And what have you *not* invented, hmmmm?

  63. Re:It's not frivolous. by TomGreenhaw · · Score: 2

    I don't agree. The Tesla vehicles have quite a bit of novel technology.

    To the best of my knowledge they were the first auto maker to mass market:
    + the combination of lithium ion batteries and supercapacitors for their energy storage strategy
    + rely heavily on frequent over the air software updates to effect continuous improvement
    + sell directly to consumers with a more eCommerce centric model
    + a business model that generates a demand for an all electric vehicle that far outstrips production capacity

    The list goes on and on.

    You don't have to be a fan boy to realize that anybody who thinks Tesla is not innovative is either ill informed or a misinformation spewing bot trying to protect the last gasp of the climate destructive fossil fuel industry.

    --
    Greed is the root of all evil.
  64. Re:It's not frivolous. by Anonymous Coward · · Score: 0

    An understandable case of ignorance, arrogance, or stupidity.

    An obvious example of an Elon Musk shill. They're all over /.

  65. Who? Oh wait, I see what they are doing. by seoras · · Score: 1

    I'd never heard of Nikola Motors until now.
    Someone once told me there's no such thing as bad publicity.
    Usually it's politicians who pull this trick by grandstanding on some "issue"

  66. Re:It's not frivolous. by haruchai · · Score: 2

    Who did they "poach"? The one employee who knows how to draw a truck?
    If you read the Electrek article you'll see designs for similar alternative fuel trucks going back years or decades.

    Tesla has at least 2 working trucks and they've been seen hundreds of miles away from the factories, running freight between Sparks & Fremont, broken down by the side of the road or plugged into a SuperCharger.
    What does Nikola have to show after all these years?

    --
    Pain is merely failure leaving the body
  67. Re:It's not frivolous. by magister · · Score: 1

    And similar to this concept truck by MAN: http://blackandgold.com/ee/507... Which seems to pre-date the Nikola design by 4 years.

    --
    -magister-
  68. Re:It's not frivolous. by Oswald+McWeany · · Score: 1

    Exactly. This is not a case of a patent troll. In this case, there is a company actually working on something, and Tesla has been poaching their employees. From the article:

    Nikola unveiled its hydrogen-powered semi in December 2016. Elon Musk first showed off the Tesla Semi last December. Once you start looking at the drawings in Nikola's patents, or compare photos of concept vehicles, you'll see that there are some similarities between the trucks. Nikola also alleges that Tesla reached out to poach an employee and doesn't hold any patents for its truck design compared to Nikola's half-dozen.

    This is not a patent troll. This is a company who is competing with Tesla.

    And I'm not saying that they are right and will win the case.

    Most trucks look more or less the same. There is no truck out there that doesn't share "some similarities" with another.

    --
    "That's the way to do it" - Punch
  69. Nikola Tesla "invented" by Anonymous Coward · · Score: 0

    Another non-journalist who can't understand invention versus discovery.

  70. Re: It's not frivolous. by Anonymous Coward · · Score: 2, Funny

    Don't even get me started on the motherfucking Fusion... what a letdown

  71. NO PROBLEM HERE by Anonymous Coward · · Score: 0

    Tesla's is based off a Storm Trooper and the Nikola one was based off a Cylon. See 2 completely different designs.

    We have better fuel economy because no one else is allowed to have a windshield anymore..... ...and my 70's Hot Wheel trucks have 'wrap-around' windshields....

  72. Form follows function by CptLoRes · · Score: 1

    You want to make an electric truck that is aerodynamic and has good driver viability, chances are it is going to be very similar to any other truck that has been designed with the same goals in mind.

  73. Wrap around windshield by future+assassin · · Score: 1
    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    1. Re:Wrap around windshield by Lab+Rat+Jason · · Score: 1

      Oh Man, Despicable Me is gonna get sued by GM now!

      --
      Which has more power: the hammer, or the anvil?
  74. Someone needs to inform MAN and Krone by Anonymous Coward · · Score: 0

    First picture in the June 2016 article looks a lot like both Tesla & Nikola's trucks, when it showed up in 2012:

    'This “aerodynamically optimized road train” concept truck from MAN and Krone, both prominent vehicle builders in Europe, was showcased at the 2012 IAA commercial truck show in Hanover, Germany.'
    http://www.truckinginfo.com/channel/fuel-smarts/article/story/2016/06/the-future-of-fuel-economy.aspx

    Scroll down further and see Peterbuilt's Walmart version.
    When you are talking about vehicles getting 7-10 mpg, driving 50k+ miles a year, any and all savings are big.

  75. Re:It's not frivolous. by lazarus · · Score: 1

    During the earnings call today Musk noted that transportation companies don't make decisions on purchasing semi's on how they look (or if they have wrap-around windshields). He also felt it was pretty ironic that a company with the name Nikola was suing Tesla.

    Reading between the lines it sounds like even if Tesla had to modify its design it wouldn't have a material effect on their semi business because their customers don't actually care how they look. They are entirely coin operated.

    --
    I am not interested in articles about life extension advancements.
  76. Re:It's not frivolous. by Lab+Rat+Jason · · Score: 1

    No word on the amazing coincidence of a vehicle manufacturing company called "Nicola" picking that name because of it's conspicuous proximity to the name "Tesla"? Not a troll my ass.

    --
    Which has more power: the hammer, or the anvil?
  77. Re:It's not frivolous. by Lab+Rat+Jason · · Score: 2

    Google: Con-Edison.

    --
    Which has more power: the hammer, or the anvil?
  78. Re: It's not frivolous. by Lab+Rat+Jason · · Score: 1

    That's funny right there!

    --
    Which has more power: the hammer, or the anvil?
  79. Re:It's not frivolous. by Anonymous Coward · · Score: 0

    Just to confuse the hell out of everyone, someone needs to start an AC-powered car company called Edison.

    To add extra confusion, I just started an air conditioner company called Thomas.

  80. Re: It's not frivolous. by c6gunner · · Score: 1

    If your electric car is making sparks, there's probably a problem. Now spark plugs in an ICE vehicle, on the other hand ...

  81. Re:It's not frivolous. by sl3xd · · Score: 2

    I seem to recall hearing it’s a variant of a frequently used marketing con: do whatever you have to do to attach your name to a competitor’s, in order to get publicity.

    For example, renaming your company to be the first name of Nikola Tesla, and then suing the familiar “Tesla” motor company for patent infringement.

    Just let the news media gobble it up, drop the lawsuit, and pat yourself on the back for saving a few million dollars in advertising.

    --
    -- Sometimes you have to turn the lights off in order to see.
  82. They're nothing alike by Trogre · · Score: 1

    The CEO of Nikola, a Mr Shorten Cologne, was not available for comment.

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  83. Easy way to produce and store it by raymorris · · Score: 1

    One can greatly reduce the cost of producing and storing hydrogen by using a little chemistry. Just wrap about 18 hydrogen atoms around 6 or 8 carbon atoms and you have a real convenient liquid fuel with extremely high energy density. Runs great in any ordinary car too. :)

  84. Re:It's not frivolous. by tsa · · Score: 1

    Yeah. My colleague always said: "Don't let the facts get in the way of a good story."

    --

    -- Cheers!

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  86. Error in summary. by Hallux-F-Sinister · · Score: 1

    Nikola Tesla invented alternating electrical current.

    No, he didn't. It predated him by a while... what he invented was a practical and brushless (IIRC) motor/generator for alternating current. Prior to his invention, AC was used for the only purpose it could be put, by and large, lighting. (Power pushed through arc lamps.) Probably would have been used for heating as well, if not for the fact that at the time, heating was generally done by burning fuel, so there probably weren't a lot of electric heaters. Prior to this, alternating current was produced in some way, I imagine by reconfiguring a DC generator by manipulating the commutator, or perhaps removing it altogether. BUT there was no way to take the AC power thus generated, and turn it back into motion, which is why it was only used by few, since there was nothing you could do with it but light a place, and then of course it had the advantage of being able to be pushed long distances, but if there's nothing for you to do with it when it gets there, what's the point? At least that's what I'm given to understand about that. But to pretend he "invented" AC current is to misrepresent history of electrical invention and discovery. He invented a great number of things, radio remote control, (and all RC devices descended therefrom,) radio astronomy, (by accident, as I understand it,) and a great many other things, so this is no knock on him, or his inventiveness, but assertions like that take credence away from the rest of the story.

    --
    Our reign has gone on long enough. Indeed. Summon the meteors.
  87. Re:It's not frivolous. by Hallux-F-Sinister · · Score: 1

    They're two different products. (I owned one, so I know whereof I speak, or rather, type.) The Bolt is a purely electric vehicle. The Volt is an extended range electric. The Bolt, as far as I know, having never owned one, is a competitor of the Nisan Leaf, having a sizable range on electric power, after which it turns into a giant, extremely heavy doorstop or paperweight, until recharged again. The Volt, by contrast, is a much shorter-range electric vehicle, designed to bridge the gap between full gasoline and full electric vehicles, by incorporating a small, (1.4L, or thereabouts,) gasoline-powered generator to maintain the battery, similar to how a hybrid works. The difference between the Volt and a hybrid though, is that a hybrid uses battery storage and an electric motor to assist and supplement a gasoline engine. The Volt is designed to run exclusively on battery power, and when the battery gets low enough, the engine kicks in to top it off. In a hybrid, there is a direct, mechanical connection between the gasoline engine and the wheels, (direct in the sense that it's connected in the same way as a conventional gasoline powered vehicle,) while in the Volt, there's none.

    That's how it can get away with having the engine be as small as it is, since the only thing hooked to the engine is a generator that keeps the battery from dropping below what is labeled "E" (empty) on the dashboard, so it isn't constrained when on to a gearbox. When the engine cuts on, it generally runs at whatever speed is most energy efficient, without regard to throttle position. The Volt also had a "Mountain" mode, which would up the amount of battery life deemed to be empty, to ensure the battery pack would have enough power stored for in the event the car was being driven in hilly or mountainous terrain. (This is also the only way to make the thing recharge itself beyond empty, since otherwise it would refuse to do so.)

    It is my understanding that more recent models have additional range on electric power, but I think all they really did was reduce the amount of reserve the onboard controller had to keep before cutting in the engine. (The battery never reaches zero unless, I suppose, you let the engine burn through all its gasoline, and try to keep driving, then it would probably go through its reserve, until it runs completely out. I never let it do this, for the obvious reason that I didn't want to get stranded, and am unsure what would happen if the engine actually were permitted to run dry. Do modern engines self-prime? I do not know and didn't want to find out the hard way. I have since sold it, so I'll probably never know.) The one I had was a few model years back, when the range was only given as 38 miles, and that's what I generally got. Combined with the engine that automatically cuts in, (or on command using the "Hold" mode, which generally prevents the amount of electric charge dropping from wherever it happens to be at the time the mode is selected,) this gives a fully charged, and fully fueled Volt from that year, (2015 I think, though I could be off by one,) of over 250 miles, with the big downside that it required more expensive premium (93 octane recommended, IIRC) fuel, which more recent ones do not, as I understand it. It was kind of a fun, if small car, though nearly as heavy as a pickup truck, thanks to the massive battery pack that sat below what otherwise would be a transmission hump, and the rear seats. I know this sounds like an ad for the Volt, but... it's not. I traded it in for a pickup truck, which cost about 8000 dollars less, and gives me a much longer range. I do miss going weeks of city driving, (thanks to the AC charger it came with, plugged into the socket that ran my garage door opener,) without putting a drop of gas in it, and the ability to cruise nearly silently. But I don't miss it being so small that it was almost useless if I wanted to transport anything bigger than a couple of modest size suitcases.

    I honestly have no idea why GM didn't elect

    --
    Our reign has gone on long enough. Indeed. Summon the meteors.
  88. Re:It's not frivolous. by someoneOtherThanMe · · Score: 1

    You also have the Jaguar e-pace, which isn't e-powered; that's i-pace.

  89. Sounds pretty ridiculous by DrXym · · Score: 1
    If a Tesla truck sets on fire, the last thing that will leap to anyone's mind is "boy those wraparound windscreens make me think of a Nikola truck!".

    Conversely if a Nikola truck goes up in smoke I doubt anyone will confuse it with a Tesla truck.

    Aside from that, anyone who has paid attention to trucks, or played truck sim games knows that they're really a product of function over form - the cab is over the engine or behind it. Trucks are designed to largely interchange so vehicles can hitch to and haul different loads.

  90. Re:It's not frivolous. by Anonymous Coward · · Score: 1

    And there we have it: Prior art from at least 2007. Streamlined fuselage, wrap around windshield and mid cab door.

  91. Re:DNC is suing Moscow Donald's crime family by Anonymous Coward · · Score: 0

    Except that WikiLeaks has also stated and never changed their story that they got the emails from a DNC insider, not Russians. Minor detail there. And why would WikiLeaks insist on sticking with their story? They don't like Russia and would love to be able to point fingers to them.

  92. What really matters is why these companies exist. by polyp2000 · · Score: 1

    Capitalism aside I hope these companies came into existence in order to try and solve the worlds dependency on fossil fuels and usher in a new era of using renewables. Petty fighting does nothing to solve these issues and only increases the barrier of entry to those whose conscience is to make the world a better place.

    --
    Electronic Music Made Using Linux http://soundcloud.com/polyp
  93. Re: It's not frivolous. by MightyYar · · Score: 2

    Yeah, it's a terrible name for a terrible car. It's like calling one the "squeak".

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  94. I'm Confused by Anonymous Coward · · Score: 0

    I've heard of Tesla Motors, but never heard of Nikola Motors. Good thing the brought this suit or I would never have known they existed.

  95. Re:It's not frivolous. by david_thornley · · Score: 1

    Is it all right if I get a little nervous at the thought of a car with gas pressurized to 10K PSI getting into an accident near me?

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  96. Re:It's not frivolous. by david_thornley · · Score: 1

    It's time for you to open your eyes and look at the evidence. Learning a little basic science wouldn't hurt, either.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  97. Re:DNC is suing Moscow Donald's crime family by david_thornley · · Score: 1

    Somebody actually trusts Wikileaks? Besides, Russia isn't what Assange has said he's hiding from in his incarceration in the Ecuadorian embassy.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  98. Re:It's not frivolous. by Anonymous Coward · · Score: 0

    If its any consolation, I caught the irony

  99. Re:It's not frivolous. by jcr · · Score: 1

    Perfectly reasonable concern, but those tanks don't fail the way that steel tanks do. You can find videos of their failure modes.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  100. Troll? by Anonymous Coward · · Score: 0

    That's not what patent trolling is, but that story post *is* what trolling is.

  101. Re: DNC is suing Moscow Donald's crime family by tricorn · · Score: 1

    Depends on what time stamps you're talking about and how the files were transferred. There are many methods of transferring files that will preserve time stamps; depending on the OS and file system, not all time stamps are preserved, or time stamps on enclosing folders might leak more information than the files themselves. I was assuming that the last modified time was being preserved on files, but not necessarily other time stamps. You'd get such behavior if you used cpio to copy the files but not the directory information, for example.