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.

Comments

Patent Trolls

[Oswald McWeany]

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.

Re:Patent Trolls

[bobbied]

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.

Re:Patent Trolls

[SlaveToTheGrind]

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.

Re:Patent Trolls

[The Grim Reefer]

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.

Not a troll

[Anonymous Coward]

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.

Re:It's not frivolous.

[Type44Q]

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

Re:It's not frivolous.

[sl3xd]

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.

Re:It's not frivolous.

[MightyYar]

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.