NYTimes.com: Tesla Motors Files Suit Against Competitor Over Design Ideas

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andre...@gmail.com

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Apr 16, 2008, 3:32:27 PM4/16/08
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Interesting article raises lots of questions and gives information about future plans for electric cars. Apparently Tesla is going to come out with a sedan vehicle (four seater) sometime in 2010. Fisker is using the same technology as Tesla and the GM Volt(Tesla claims that Fisker stole the idea of a small gasoline motor recharging a battery, but really GM proably came up with the idea first with the Volt). If Fisker and Tesla are using the same technology how can Tesla claim so much better MPGe and range numbers versus Fisker? Maybe things aren't going great at Tesla...why bother to sue and go through all the distraction of a lawsuit, if you are making tons of money and the future is looking great? How come Tesla didn't get a non-disclosure, non-compete agreement from Fisker? My guess is that the success of these companies will depend more on what GM and other big auto manufacturers do in California versus how Tesla and Fisker split the market.

TECHNOLOGY   | April 15, 2008
Tesla Motors Files Suit Against Competitor Over Design Ideas
By JOHN MARKOFF
The quarrel between the companies sheds a light on the insular world of Silicon Valley’s investors in environmentally friendly technologies.

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Kirston Henderson

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Apr 16, 2008, 4:15:51 PM4/16/08
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on 4/16/08 2:32 PM, andre...@gmail.com at andre...@gmail.com wrote:

> This page was sent to you by: andre...@gmail.com.


>
> Interesting article raises lots of questions and gives information about
> future plans for electric cars. Apparently Tesla is going to come out with a
> sedan vehicle (four seater) sometime in 2010. Fisker is using the same
> technology as Tesla and the GM Volt(Tesla claims that Fisker stole the idea of
> a small gasoline motor recharging a battery, but really GM proably came up
> with the idea first with the Volt).

As I recall, a combination of Eagle-Pitcher (lead for batteries) and
Briggs and Stratton built and demonstrated a hybrid car using this same
concept sometime back in the sixties. Therefore, Telsa likely has no patent
claim in this regard that would be upheld by the courts, even if they should
have obtained a patent in which the patent examiner failed to discover he
prior art in this area.

Kirston Henderson
MegaRail®


eph

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Apr 16, 2008, 4:36:38 PM4/16/08
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It's a series hybrid with a battery - that's a patentable "invention"?

Could be a publicity stunt since/if they are rolling them out.

F.

On Apr 16, 4:15 pm, Kirston Henderson <kirston.hender...@megarail.com>
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> on 4/16/08 2:32 PM, andress....@gmail.com at andress....@gmail.com wrote:
>
> > This page was sent to you by: andress....@gmail.com.

Kirston Henderson

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Apr 16, 2008, 4:47:07 PM4/16/08
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on 4/16/08 3:36 PM, eph at rhaps...@yahoo.com wrote:

>
> It's a series hybrid with a battery - that's a patentable "invention"?

I believe that that was the type of system that was demonstrated back in
the sixties, so even if you could somehow obtain a patent, the courts would
likely throw out the claim.

Kirston Henderson
MegaRail®

Jack Slade

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Apr 17, 2008, 1:58:36 AM4/17/08
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I probably still have a copy of Popular Science or Popular Mechanics magazine from more than 25 years ago with detailed plans for converting a VW beetle to a battery powered vehicle with a 8HP gasoline motor to re-charge the batteries, and extend battery range for long trips.
 
My understanding of patent laws is that nothing is patentable if it has already been made public knowledge. I wonder if Tesla knows this??
 
Jack Slade

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Michael Weidler

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Apr 17, 2008, 11:42:00 AM4/17/08
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Try reading the article - both of you. Patents are not involved. Theft of trade secrets is what is alleged.

Kirston Henderson <kirston....@megarail.com> wrote:
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Michael Weidler

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Apr 17, 2008, 11:43:53 AM4/17/08
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I wonder how Toyota managed to get their system patented then?

Jay Andress

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Apr 17, 2008, 12:38:40 PM4/17/08
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Michael is actually correct. The fight between Tesla and Fisker is about trade secrets, not about patent rights. I think it might relate to how Tesla wires the lithium ion batteries together and other trade secrets.
  It is interesting how Tesla is moving aggressively to build a four seater rather than just producing more two seaters. There has got to be a limited market for two seaters in California...between Tesla and Fisker there will be annual production of 20,000 to 30,000 vehicles which could quickly exceed demand???



Kirston Henderson <kirston....@megarail.com> wrote:
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Jerry Roane

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Apr 17, 2008, 1:35:33 PM4/17/08
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I am familiar with trade secrets here in Texas.  Because of the early oil business Texas law has trade secrets more powerful than patents for cash rewards.  If someone steals a trade secret they should go to jail not just pay some money.  Theft is theft and a trade secret is core to many operations.  Patents take way too long to obtain for Tesla.  My recently issued patents were started way before oil prices jumped to crazy levels.  I doubt Tesla has any published patents in the time they have been around.  My last company won a trade secret law suit against a government consortium for a $13.6 million judgment.  They settled for an undisclosed amount knowing that the insurance company was not that rich and they could get the money faster by taking a lesser amount.  In the oil business a geologist working for an oil company could take the information obtained with millions of dollars of field testing, core sample drilling and research and move to another drilling company and make all the money.  That did not sit well with the government so they made trade secret law very powerful.

Jerry Roane
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