Case 3:18-cv-07460-JD Document 128 Filed 09/23/20 Page 1 of 35
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`Michael K. Friedland (Bar No. 157,217)
`michael.friedland@knobbe.com
`Lauren Keller Katzenellenbogen (Bar No. 223,370)
`Lauren.katzenellenbogen@knobbe.com
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Phone: (949) 760-0404
`Facsimile: (949) 760-9502
`
`Kimberly A. Kennedy (Bar No. 305,499)
`kimberly.kennedy@knobbe.com
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`333 Bush Street, 21st Floor
`San Francisco, CA 94104
`Phone: (415) 954-4114
`Facsimile: (415) 651-4111
`
`Adam B. Powell (Bar No. 272,725)
`adam.powell@knobbe.com
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`12790 El Camino Real
`San Diego, CA 92130
`Phone: (858) 707-4000
`Facsimile: (858) 707-4001
`
`Attorneys for Defendant/Counterclaimant
`TESLA, INC.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`Civil Action No. 3:18-cv-7460-JD
`
`Hon. James Donato
`
`TESLA, INC.’S ANSWER TO THIRD
`AMENDED COMPLAINT AND
`COUNTERCLIAMS
`
`DEMAND FOR JURY TRIAL
`
`)))))))))))
`
`
`
`NIKOLA CORPORATION, a Delaware
`corporation,
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`Plaintiff,/Counter Defendant
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`v.
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`TESLA, INC., a Delaware corporation,
`
`
`Defendant/Counterclaimant.
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`Case 3:18-cv-07460-JD Document 128 Filed 09/23/20 Page 2 of 35
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`Defendant Tesla, Inc. (“Tesla”) hereby answers the Third Amended Complaint of Plaintiff
`Nikola Corporation (“Nikola”).
`I. RESPONSE TO NIKOLA’S INTRODUCTION1
`1.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 1, and therefore denies those allegations.
`2.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 2, and therefore denies those allegations.
`3.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 3, and therefore denies those allegations.
`4.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 4, and therefore denies those allegations.
`5.
`Tesla admits that as of May 9, 2016, Tesla had not publicly announced that it was
`considering building a class 8 semi-truck. Tesla denies any remaining allegations in paragraph 5.
`6.
`Denied.
`7.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 7, and therefore denies those allegations.
`8.
`Denied.
`9.
`Tesla admits that it filed a 10-Q that included reporting for the three-month period
`ending June 30, 2016. The document speaks for itself. Tesla denies any remaining allegations in
`paragraph 9.
`10.
`Tesla admits that on July 20, 2016, Elon Musk, Tesla’s CEO, posted on Tesla’s
`blog that “heavy-duty trucks” were “in the early stages of development at Tesla and should be
`ready for unveiling next year.” Tesla lacks sufficient knowledge or information to admit or deny
`the remaining allegations in paragraph 10, and therefore denies those allegations.
`
`
`1 For the Court’s convenience, Tesla has incorporated the section titles that appear in the
`Complaint. Tesla does not necessarily agree with the characterizations of such section titles and
`does not waive any right to object to those characterizations.
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`Case 3:18-cv-07460-JD Document 128 Filed 09/23/20 Page 3 of 35
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`11.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 11, and therefore denies those allegations.
`12.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 12, and therefore denies those allegations.
`13.
`Tesla admits that as of April 28, 2017, it did not have any issued design patents
`based on its Tesla Semi.2 Tesla admits that as of April 28, 2017, it had not publicly announced
`that it was seeking any design patents based on its Tesla Semi. Tesla lacks sufficient knowledge
`or information to admit or deny the remaining allegations in paragraph 13, and therefore denies
`those allegations.
`14.
`Tesla admits that on April 28, 2017, during a TED conference in Vancouver, Elon
`Musk shared an image showing a darkened silhouette of the Tesla Semi from the front with the
`headlights on. Tesla denies any remaining allegations in paragraph 14.
`15.
`Tesla admits that it received a letter from Nikola dated November 7, 2017 and that
`paragraph 15 purports to describe certain contents of that letter, which speaks for itself. Tesla
`admits that it did not respond to Nikola’s letter dated November 7, 2017. Tesla denies any
`remaining allegations in paragraph 15.
`
`16.
`Tesla admits that on November 16, 2017, Tesla held an event in Hawthorne,
`California and displayed two prototypes of the Tesla Semi. Tesla admits that the event was
`attended by journalists, industry leaders, potential customers, and Tesla employees. Tesla admits
`that the event was streamed online. Tesla admits that Tesla received reservations for its Tesla
`Semi before November 16, 2017. Tesla admits that on November 17, 2017, Tesla’s market
`capitalization was around $52.95 billion. Tesla lacks sufficient knowledge or information to
`admit or deny the remaining allegations in paragraph 16, and therefore denies those allegations.
`
`
`2 In the Third Amended Complaint (“Complaint”), Nikola repeatedly uses the phrase “Tesla
`Semi.” Tesla understands that that the Complaint uses the phrase to refer only to the particular
`version of a prototype design of Tesla Semi that is specifically identified in the Complaint. Tesla’s
`response to each paragraph that uses this phrase incorporates this understanding of the term.
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`Case 3:18-cv-07460-JD Document 128 Filed 09/23/20 Page 4 of 35
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`17.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 17, and therefore denies those allegations.
`18.
`Tesla admits that the PTO issued patents to Nikola. Tesla denies the remaining
`allegations of paragraph 18.
`19.
`Denied.
`20.
`Tesla admits that it has made statements about the view drivers have from the
`driver’s seat of the Tesla Semi. Tesla denies all remaining allegations in paragraph 20.
`21.
`Tesla admits that it has made statements regarding the aerodynamic design of the
`Tesla Semi and that it has made statements that the Tesla Semi has a drag coefficient of around
`0.36. Tesla lacks knowledge or information sufficient to form a belief as to the truth of the
`allegations regarding the drag coefficient of the Nikola One, and therefore denies them. Tesla
`denies all remaining allegations in paragraph 21.
`22.
`Tesla admits that the Tesla Semi has a door and has made statements regarding a
`user’s ability to access the vehicle. Tesla lacks knowledge or information sufficient to form a
`belief as to the truth of the allegations regarding the drag coefficient of the Nikola One, and
`therefore denies them. Tesla denies all remaining allegations in paragraph 22.
`
`23.
`Denied.
`24.
`Tesla admits that the PTO issued a utility patent to Nikola. Tesla denies the
`remaining allegations of paragraph 24.
`25.
`Denied.
`26.
`Denied.
`27.
`Tesla lacks knowledge or information sufficient to form a belief as to the truth of
`the allegations in this paragraph, and therefore denies them.
`28.
`Denied.
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`/ / /
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`Case 3:18-cv-07460-JD Document 128 Filed 09/23/20 Page 5 of 35
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`II. RESPONSE TO ALLEGATIONS REGARDING
`PARTIES, JURISDICTION, AND VENUE
`29.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 29, and therefore denies those allegations
`30.
`Admitted.
`31.
`Tesla admits that the Third Amended Complaint alleges infringement of United
`States Patent Nos. D811,944 (the “’D944 Patent”), D811,968 (the “’D968 Patent”), D816,004
`(the “’D004 Patent”), and 10,077,084 (the “’084 Patent”) arising under 35 U.S.C. § 1 et seq. and
`alleges infringement of Nikola’s Nikola One trade dress arising under 15 U.S.C. § 1051 et seq.,
`but denies that Nikola is entitled to any relief. Tesla denies any remaining allegations in
`paragraph 31.
`32.
`Admitted.
`33.
`This paragraph contains legal conclusions to which no answer is required. To the
`extent an answer is required, Tesla does not contest personal jurisdiction in the Northern District
`of California for the purposes of this action only. Tesla specifically denies that it has offered for
`sale any allegedly infringing product. Tesla denies the remaining allegations in paragraph 33.
`34.
` This paragraph contains legal conclusions to which no answer is required. To the
`extent an answer is required, Tesla does not contest venue in the Northern District of California
`for the purposes of this action only. Tesla specifically denies that it has offered for sale any
`allegedly infringing product. Tesla denies the remaining allegations in paragraph 34.
`III.
`FACTUAL BACKGROUND
`Response to Allegations That Trevor Milton and Steve Jennes Designed
`the Nikola One
`35.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 35, and therefore denies those allegations.
`36.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 36, and therefore denies those allegations.
`37.
`Denied.
`
`A.
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`Case 3:18-cv-07460-JD Document 128 Filed 09/23/20 Page 6 of 35
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`38.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 38, and therefore denies those allegations.
`39.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 39, and therefore denies those allegations.
`40.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 40, and therefore denies those allegations.
`41.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 41, and therefore denies those allegations.
`42.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 42, and therefore denies those allegations.
`43.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 43, and therefore denies those allegations.
`44.
`Denied.
`45.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 45, and therefore denies those allegations.
`46.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 46, and therefore denies those allegations.
`B.
`Response to Allegations that the Nikola One Was Unveiled To Wide Praise And
`Received Several Billions in Orders
`47.
` Tesla admits that by May 10, 2016 articles were publicly available discussing
`Nikola’s semi-truck announcement. Tesla lacks sufficient knowledge or information to admit or
`deny the remaining allegations in paragraph 47 and therefore denies those allegations. To the
`extent the picture included in the Third Amended Complaint after paragraph 47 constitutes
`allegations of fact, Tesla cannot verify the origin or veracity of that picture and therefore denies
`that that picture supports any allegations in the Third Amended Complaint.
`48.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 48, and therefore denies those allegations.
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`Case 3:18-cv-07460-JD Document 128 Filed 09/23/20 Page 7 of 35
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`49.
`Tesla admits that various websites reported on Nikola’s semi-truck announcement
`and that paragraph 45 purports to describe certain reports. Tesla lacks sufficient knowledge or
`information to admit or deny the remaining allegations in paragraph 45 and therefore denies
`those allegations.
`50.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 50, and therefore denies those allegations.
`51.
`Tesla admits that as of June 13, 2016, it had not publicly announced that it was
`going to build the Tesla Semi. Tesla admits that as of June 13, 2016, it had not filed any design
`patent applications based on the Tesla Semi. Tesla denies any remaining allegations in paragraph
`47.
`
`52.
`Tesla admits that Nikola held an event on December 1, 2016. Tesla lacks
`sufficient knowledge or information to admit or deny the remaining allegations in paragraph 52
`and therefore denies those allegations.
`53.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 53, and therefore denies those allegations.
`54.
`Denied.
`55.
`Denied.
`56.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 56, and therefore denies those allegations.
`57.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 57, and therefore denies those allegations.
`C.
`Response to Allegations that Tesla Announced A Semi-Truck and Offered to Sell It
`58.
`Tesla admits that as of June 13, 2016, it had not publicly announced that it was
`considering building the Tesla Semi. Tesla denies any remaining allegations in paragraph 58.
`59.
`Tesla admits that it filed Form 10-Q that including reporting for periods ending
`June 30, 2016. Tesla lacks sufficient knowledge or information to admit or deny any remaining
`allegations in paragraph 59, and therefore denies those allegations.
`/ / /
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`Case 3:18-cv-07460-JD Document 128 Filed 09/23/20 Page 8 of 35
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`60.
`Tesla admits that it released its 2016 Master Plan, Part Deux on July 20, 2016 and
`stated therein that “heavy-duty trucks” “are in the early stages of development at Tesla and
`should be ready for unveiling next year.” Tesla lacks sufficient knowledge or information to
`admit or deny any remaining allegations in paragraph 60, and therefore denies those allegations.
`61.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`of paragraph 61, and therefore denies those allegations.
`62.
`Tesla admits that on April 13, 2017, Elon Musk, Tesla’s CEO, tweeted, “Tesla
`Semi truck unveil set for September. Team has done an amazing job. Seriously next level.”
`63.
`Tesla admits that Elon Musk was interviewed on April 28, 2017 and during that
`interview he shared an image showing a darkened silhouette of the Tesla Semi from the front
`with the headlights on. Tesla denies any remaining allegations in paragraph 63.
`64.
`Tesla admits that on May 3, 2017, Elon Musk said the following, when
`asked about the Tesla Semi: “We’ll manufacture that ourselves. And most of that semi is
`actually made out of Model 3 parts, by the way. It’s Model 3 – it’s actually using a bunch
`of Model 3 motors. Probably revealing too much about the future of it. But so we’re able to
`use a very high volume vehicle and then combine several motors to have something that I think
`is actually going to have a very good gross margin, like it’s -- that’s just not something that
`any other -- it’s like you can’t do that with a traditional truck. So effectively it allows us to
`have a very compelling product that has a low unit cost.” Tesla denies any remaining allegations
`in paragraph 64.
`65.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 65, and therefore denies those allegations. To the extent the picture included in the
`Third Amended Complaint after paragraph 65 constitutes allegations of fact, Tesla cannot
`verify the origin or veracity of that picture and therefore denies that that picture supports any
`allegations in the Third Amended Complaint.
`66.
`Tesla admits that it received a letter from Nikola dated November 7, 2017 and
`that paragraph 66 purports to describe certain contents of that letter. Tesla admits that Nikola
`purports to attach a copy of that letter to the Third Amended Complaint as Exhibit 1. Tesla
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`lacks sufficient knowledge or information to admit or deny any remaining allegations in
`paragraph 66, and therefore denies those allegations.
`67.
`Tesla admits that it held an event on November 16, 2017 at which Tesla
`unveiled its Tesla Semi. Tesla admits that journalists, industry partners, customers, employees,
`and government leaders attended this event. Tesla lacks sufficient knowledge or information to
`admit or deny any remaining allegations in paragraph 67, and therefore denies those allegations.
`68.
`Tesla admits that it had announced that it expected to release the Tesla Semi in
`
`2019.
`
`69.
`Tesla admits that it began accepting reservations for the Tesla Semi prior to
`November 16, 2017. Tesla admits that various companies in different industries have made
`reservations for the Tesla Semi. Tesla denies any remaining allegations in paragraph 69.
`70.
`Tesla admits that on March 7, 2018, Elon Musk posted on Instagram that Tesla
`was using its Tesla Semis to carry battery packs from Tesla’s Gigafactory in Nevada to Tesla’s
`car factory in California. Tesla denies any remaining allegations in paragraph 70.
`71.
`Tesla admits that on November 1, 2017, it announced that it would report a loss
`for the quarter. Tesla admits that its stock price dropped from November 1, 2017 to November 2,
`2017. Tesla denies any remaining allegations in paragraph 71.
`72.
`Tesla admits that the week before November 16, 2017, its stock price was $302.99
`and that on November 17, 2017, its stock price was $315.05. Tesla admits that this change in
`stock price represents around a $2 billion increase in Tesla’s market capitalization at that time.
`Tesla denies the remaining allegations in paragraph 72.
`73.
`Denied.
`74.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 74, and therefore denies those allegations.
`D.
`Response to Allegations that Nikola was Issued Six Design Patents
`75.
`Tesla admits that Nikola applied for design patents, three of which Nikola has
`asserted in this action. Tesla denies the remaining allegations of paragraph 75.
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`76.
`Tesla admits that the Third Amended Complaint purports to assert infringement of
`one utility patent. Tesla lacks sufficient knowledge or information to admit or deny the
`allegations in paragraph 76, and therefore denies those allegations.
`77.
`Tesla admits that the ’D944 Patent is entitled “Fuselage,” and issued on March 6,
`2018. Tesla admits that what purports to be a copy of the ’D944 Patent is attached to the Third
`Amended Complaint as Exhibit 2. Tesla admits that what purports to be an excerpt from the
`’D944 Patent is reproduced below paragraph 77. Tesla denies any remaining allegations in
`paragraph 77.
`78.
`Tesla admits that the ’D968 Patent is entitled “Wrap Windshield,” and issued on
`March 6, 2018. Tesla admits that what purports to be a copy of the ’D968 Patent is attached to
`the Third Amended Complaint as Exhibit 3. Tesla admits that what purports to be an excerpt
`from the ’D968 Patent is reproduced below paragraph 78. Tesla denies any remaining allegations
`in paragraph 78.
`79.
`Tesla admits that the ’D004 Patent is entitled “Side Door,” and issued on April 14,
`2018. Tesla admits that what purports to be a copy of the ’D004 Patent is attached to the Third
`Amended Complaint as Exhibit 4. Tesla admits that what purports to be an excerpt from the
`’D004 Patent is reproduced below paragraph 79. Tesla denies any remaining allegations in
`paragraph 79.
`80.
`Tesla admits that the ’084 Patent is entitled “Systems, Methods, and Devices for
`an Automobile Door or Window,” and issued on September 18, 2018. Tesla admits that what
`purports to be a copy of the ’084 Patent is attached to the Third Amended Complaint as
`Exhibit 5. Tesla denies any remaining allegations in paragraph 80.
`81.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 81, and therefore denies those allegations.
`82.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 82, and therefore denies those allegations.
`83.
`Tesla admits that it received a letter from Nikola dated November 7, 2017 and
`that paragraph 83 purports to describe certain contents of that letter. Tesla admits that it did not
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`respond to Nikola’s letter dated November 7, 2017. Tesla denies any remaining allegations in
`paragraph 83.
`E.
`Response to Allegations that the Design of the Tesla Semi is Substantially Similar to
`Nikola’s Patented Design and Is Confusingly Similar to Nikola’s Trade Dress
`84.
`Denied.
`85.
`Denied.
`86.
`Denied.
`1.
`Response to Allegations Regarding The Fuselage Patent
`87.
`Tesla admits that what purports to be an excerpt from the ’D944 Patent is
`reproduced below paragraph 87. Tesla denies any remaining allegations in paragraph 87.
`88.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 88, and therefore denies those allegations. To the extent the picture included in the
`Third Amended Complaint after paragraph 88 constitutes allegations of fact, Tesla cannot
`verify the origin or veracity of this picture and therefore denies that the picture supports any
`allegations in the Third Amended Complaint.
`89.
`Tesla denies each and every allegation of paragraph 89. To the extent the pictures
`included in the Third Amended Complaint after paragraph 89 constitute allegations of fact,
`Tesla cannot verify the origin or veracity of these pictures and therefore denies that the pictures
`support any allegations in the Third Amended Complaint.
`90.
`Tesla denies that the overall design of the Nikola One is an ornamental design.
`Tesla lacks sufficient knowledge or information to admit or deny the remaining allegations in
`paragraph 90, and therefore denies those allegations.
`91.
`Tesla admits that Nikola has described its semi-truck as aerodynamic. Tesla lacks
`sufficient knowledge or information to admit or deny the remaining allegations in paragraph 91,
`and therefore denies those allegations.
`92.
`Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 92, and therefore denies those allegations.
`/ / /
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`Case 3:18-cv-07460-JD Document 128 Filed 09/23/20 Page 12 of 35
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`93.
`Tesla admits that on November 16, 2017, Elon Musk said that Tesla “designed the
`Tesla truck to be like a bullet” and mentioned the “bullet-shaped nose.” Tesla denies any
`remaining allegations in paragraph 93.
`94.
`Tesla admits that on November 16, 2017, Elon Musk noted that the Tesla Semi
`has a drag coefficient of 0.36 and that this was better that the 0.38 drag coefficient attributed to a
`Bugatti Chiron. Tesla denies any remaining allegations in paragraph 94.
`95.
`Tesla admits that Jerome Guillen said at an event on November 25, 2017 in the
`Netherlands that the Tesla Semi looks like the TGV, the Eurostar, or a bullet train. Tesla denies
`any remaining allegations in paragraph 95.
`96.
`Tesla admits that on November 16, 2017, Elon Musk noted the “spacious interior”
`of the Tesla Semi design and the screen included the words “expansive cockpit interior.” To the
`extent Nikola alleges that the quoted language was stated during the November 25, 2017 event in
`the Netherlands, Tesla denies those allegations. Tesla denies any remaining allegations in
`paragraph 96.
`97.
`Denied.
`98.
`Denied.
`2.
`Response to Allegations Regarding the Wrap Windshield Patent
`99.
`Tesla admits that what purports to be an excerpt from the ’D968 Patent is
`reproduced below paragraph 99. Tesla denies any remaining allegations in paragraph 99.
`100. Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 100, and therefore denies those allegations. To the extent the picture included in
`the Third Amended Complaint after paragraph 100 constitutes allegations of fact, Tesla cannot
`verify the origin or veracity of this picture and therefore denies that the picture supports any
`allegations in the Third Amended Complaint.
`101. Tesla admits that the Tesla Semi has a windshield. Tesla denies any remaining
`allegations in paragraph 101. To the extent the pictures included in the Third Amended
`Complaint after paragraph 101 constitute allegations of fact, Tesla cannot verify the origin or
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`Case 3:18-cv-07460-JD Document 128 Filed 09/23/20 Page 13 of 35
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`veracity of these pictures and therefore denies that the pictures support any allegations in the
`Third Amended Complaint.
`102. This paragraph is ambiguous and cannot be admitted or denied, and, on that basis
`Tesla denies the allegations in this paragraph.
`103. Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 103, and therefore denies those allegations.
`104. Tesla admits that on November 16, 2017, Elon Musk said the driver had
`“complete visibility of the road and all the surroundings.” Tesla denies that Elon Musk
`specifically referenced a “wrap windshield” or that Elon Musk stated that the driver has complete
`visibility “in part, because of the wrap windshield.” Tesla denies any remaining allegations in
`paragraph 104.
`105. Denied.
`106. Denied.
`3.
`Response to Allegations Regarding the Mid-Entry Door Patent
`107. Tesla admits that what purports to be an excerpt from the ’D004 Patent is
`reproduced below paragraph 107. Tesla denies any remaining allegations in paragraph 107.
`108. Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 108, and therefore denies those allegations. To the extent the picture included in
`the Third Amended Complaint after paragraph 108 constitutes allegations of fact, Tesla cannot
`verify the origin or veracity of this picture and therefore denies that the picture supports any
`allegations in the Third Amended Complaint.
`109. Tesla admits that the Tesla Semi has a door. Tesla denies any remaining
`allegations in paragraph 109. To the extent the pictures included in the Third Amended
`Complaint after paragraph 109 constitute allegations of fact, Tesla cannot verify the origin or
`veracity of these pictures and therefore denies that the pictures support any allegations in the
`Third Amended Complaint.
`110. This paragraph is ambiguous and cannot be admitted or denied, and, on that basis
`Tesla denies the allegations in this paragraph.
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`Case 3:18-cv-07460-JD Document 128 Filed 09/23/20 Page 14 of 35
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`111. Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 111, and therefore denies those allegations.
`112.
` Tesla admits that on November 16, 2017 at the Tesla event, the text shown on a
`screen included the words “easy entry and exit.” Tesla denies all remaining allegations in
`paragraph 112.
`113. Denied.
`114. Denied.
`115. Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 115, and therefore denies those allegations.
`4.
`Response to Allegations Regarding the ’084 Patent
`116.
` Tesla admits that the “Detailed Description” section of the ’084 Patent states that
`the disclosure of the ’084 Patent “relates generally to systems, methods, and devices for an
`automobile door or window.” Tesla denies any remaining allegations in paragraph 116.
`117. Tesla admits that Example 1 of the ’084 Patent recites, “at least one door” that is
`“located with respect to the body of the vehicle, such that it provides ingress and egress into the
`cabin from a backside of a seat.” Tesla admits that Example 17 of the ’084 Patent recites, “a
`vehicle as in any of Examples 1-16, wherein the vehicle is a semi-truck.” Tesla denies any
`remaining allegations in paragraph 117.
`118. Tesla admits that what purports to be an excerpt from the ’084 Patent is
`reproduced below paragraph 118. Tesla denies any remaining allegations in paragraph 118.
`119. Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 119, and therefore denies those allegations.
`120. Tesla admits that Claim 1 of the ’084 Patent recites:
`1.
`A semi-truck vehicle comprising:
`an electric drive train;
`a body;
`a cabin located within the body of the semi-truck vehicle, wherein
`the cabin comprises an interior that is configured to accommodate
`at least one person;
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`Case 3:18-cv-07460-JD Document 128 Filed 09/23/20 Page 15 of 35
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`a seat located in the interior of the cabin that is configured for seating
`a user; and
`a door comprising a width extending a horizontal length of the door,
`wherein the door provides ingress and egress to the interior of the
`cabin of the semi-truck vehicle;
`wherein the door is located on the body such that a frontmost side
`of the door is adjacent to a rearmost portion of a front wheel well
`and the width of the door is disposed between the frontmost side of
`the door and a rearmost side of the door, at least a portion of the door
`being positioned behind the seat and at least a portion of the seat is
`disposed to be forward of a line defining the rearmost portion of the
`front wheel well such that the door opens to provide ingress and
`egress into the cabin from a backside of the seat; and
`wherein the door is the foremost door providing ingress or egress
`into the interior of the cabin.
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`Tesla denies the remaining allegations of this paragraph.
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`121.
` Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 121, and therefore denies those allegations. To the extent the picture included in
`the Third Amended Complaint after paragraph 121 constitutes allegations of fact, Tesla cannot
`verify the origin or veracity of this picture and therefore denies that the picture supports any
`allegations in the Third Amended Complaint.
`122. Tesla lacks sufficient knowledge or information to admit or deny the allegations
`in paragraph 122, and therefore denies those allegations.
`123. Denied.
`124. Denied.
`5.
`Response to Allegations Regarding Nikola’s Trade Dress
`125. Denied.
`126. Denied.
`127. Denied.
`128. Tesla admits that Nikola’s semi-truck is not publicly available for purchase as of
`the filing date of this Answer. Tesla admits that it has not released the Tesla Semi as of the date
`of this Answer. Tesla is informed and believes that Nikola ceased development of the Nikola
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`Case 3:18-cv-07460-JD Document 128