Tesla Fails to Escape Nikola’s Truck Design Patent Claims

Tesla Inc. can’t dismiss competitor Nikola Corp.'s claims in San Francisco federal court that the proposed design for a new Tesla truck infringes design patents in Nikola’s flagship “Nikola One” hydrogen-powered semitruck.

Nikola debuted its “heavy-duty, long-haul truck powered by a hydrogen fuel cell” in 2016. It sued Tesla in 2018, alleging that the proposed design for Tesla’s electric semitruck infringed its design and utility patents, as well as its trade dress.

Tesla moved to dismiss the design patent claims, arguing an ordinary person wouldn’t confuse the two designs. Nikola’s complaint argued that an ordinary observer would find Tesla’s ...