Nikola Corporation v. Tesla Incorporated

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NIKOLA CORPORATION, Case No. 3:18-cv-07460-JD

Plaintiff,

ORDER RE MOTION TO DISMISS

v. Re: Dkt. No. 109 TESLA, INC., Defendant.

12 In a third amended complaint (TAC), plaintiff Nikola Corporation has sued defendant Tesla, Inc., for infringement of design and utility patents, and trade dress infringement under the Lanham Act, 18 U.S.C. § 1125. Dkt. No. 57. The claims relate to the “Nikola One,” an alternative fuel heavy-duty or “semi” truck that is Nikola’s flagship product. Dkt. No. 57 ¶¶ 1-2. The case was transferred from the District of Arizona to this Court. Dkt. No. 70. Tesla filed a motion to dismiss the design patent claims. Dkt. No. 109. This motion is denied. BACKGROUND As alleged in the complaint, Nikola publicly debuted the Nikola One in 2016 as a heavy- duty, long-haul truck powered by a hydrogen fuel cell. Dkt. No. 57 ¶¶ 47-49, 128. The Nikola One was the product of “several million dollars” of…