Wednesday, 20 October 2021 17:02

Nikola vs. Tesla Semi Lawsuit Gets New Life After Judge’s Ruling

Written by Joey Klender, Teslarati
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Nikola Motors' lawsuit claiming portions of the Tesla Semi infringed on several of Nikola's design patents has been given new deadlines by Judge James Donato, according to an order released Oct. 19.

A judge shelved the lawsuit, filed in 2018, earlier in October due to a lack of responsiveness from both Nikola and Tesla.


However, Donato is giving Nikola attorneys new deadlines to put things in motion, or the case will be dismissed, Donato said in a document obtained by The Verge on Oct. 19.


“The case will not be dismissed at this time for failure to prosecute, but that may change if Nikola does not move this case forward to resolution in an efficient and timely manner,” Donato wrote. “A technology tutorial is set for Jan. 13, 2022. The claim construction hearing is set for Jan. 27, 2022. The case will remain administratively closed pending further order.”


When a case is given the title of “administratively closed,” it means the court has essentially labeled it as a low-priority case and is not a focus at that time. It typically removes the matter from the court’s active workload for a considerable period of time, Syracuse University said.


Nikola gave reasons for not responding to court orders, but Donato said the reasons were “ostensible” and “not particularly compelling.” Nikola runs the risk of losing the $2 billion suit if things do not move forward by the time the new deadlines come.


Nikola claims Tesla stole several design patents that would have cost the company...

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