Tesla’s Effort To Short-Circuit Nikola Lawsuit Fizzles As Patent Office Denies Door Argument

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Tesla’s Effort To Short-Circuit Nikola Lawsuit Fizzles As Patent Office Denies Door Argument
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Nikola claims a small victory after the U.S. Patent and Trademark Office denied Tesla's attempt to invalidate its side door patent

Tesla didn’t respond to a request for comment.

The USPTO decision, which appears to have been made at the end of March based on filings posted by the federal agency on its website, doesn’t directly affect Nikola’s lawsuit that was filed in U.S. court for the Northern District of California. But if Tesla’s appeal to overturn the door utility patent succeeded, it would have weakened an element of the complaint that may prove more consequential in court than the overall design similarities.

After considering the evidence and arguments presented in the Petition, we determine that Petitioner has not demonstrated a reasonable likelihood of success in proving that at least one claim of the ’084 patent is unpatentable,” the USPTO said in a March 27 assessment. As a result, it denied Tesla’s appeal.Nikola by the U.S. Patent and Trademark Office

“This is obviously favorable and we think it was decided correctly,” Nikola Chief Legal Officer Britton Worthen tellsNikola’s plans to commercialize hydrogen-powered trucks that the company claims will be cheaper and cleaner to operate than diesel models helped it raise substantial funds in the past year and led to key industrial partnerships with companies including Bosch, Meritor, European truckmaker Iveco, South Korean solar panel maker Hanwha and Norway’s Nel, a developer of technology for...

Hydrogen fuel cell vehicles, like battery-powered ones, have no harmful tailpipe exhaust and can help lower overall carbon emissions. They produce electricity onboard for propulsion, instead of storing it as batteries do. Nikola argues that hydrogen is a better options for long-haul trucking, owing to faster refueling time that’s comparable to diesel and gasoline, and without the added weight of multi-ton battery packs Musk’s Semi will require.

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