Surprisingly, Tesla (TSLA) now claims that Nikola (NKLA) has stolen the truck design from Rimac’s designers in an update to the patent litigation update.
As previously reported, Nikola alleges that Tesla’s electric truck design infringes existing patents.
Specifically, a series of design patents obtained by Nikola for the design of several features Nicola one truck It was unveiled in 2016, a year before Tesla unveiled its own electric truck.
Nikola is demanding $2 billion in damages from Tesla.
Tesla denies the claim, but because Nikola has obtained a patent for the design, it is now in a position to show that it does not infringe or attempt to invalidate the patent.
In a new response filed this week, Tesla claimed that the patent was invalid because it did not disclose that some of the Nikola One’s features were designed by Adriano Mudri, best known as Rimac’s design director.
“Adriano Mudri is the designer of the Road Runner concept truck. Road Runner trucks are hydrogen powered concept trucks. The Road Runner concept truck participated in the 2010 Michelin Design Challenge and was selected for display at the 2010 North American International Auto Show. Several images of the Road Runner concept truck are reproduced below.”
Here is a photo that Tesla refers to in the above statement.
Tesla claimed that Trevor Milton met Adriano Mudri “during 2014 and/or 2015” and was aware of the Road Runner truck design with similar features to the Nikola One, including a Nikola-designed wrap-around windshield. Patent.
The car manufacturer has added the following documents:
“Adriano Mudri’s Road Runner concept truck design made a significant creative contribution to the invention claimed in the design patent. Adriano Mudri was not identified as an inventor while prosecuting an application that led to a design patent.”
Tesla argues that the patent office would not have issued a patent if Milton had “deceptive intent” that he did not name Mudri as an inventor in his patent application, and had known that some features were based on Mudri’s previous design.
Here is a new report from Tesla as part of the lawsuit.
When Nikola first filed a lawsuit Analyzed Nikola’s specific claims. What we believed was basically a patent trolling case in an objective manner based on design.
The truth is that the patent office should not grant a patent in the first place.
They’re all about dubious design features that existed for decades before Nicolas existed, and granting these features only opens the door to patent trolling for some malicious people.
That’s exactly what happened.
I think the only winners in this situation are the lawyers involved, such as in the case of patent trolling.
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