May 29, 2025 – Newport Beach, CA —Atabek & Co. has achieved a significant procedural victory in the ongoing case of Zaptera USA, Inc. v. Aptera Motors Corp., denying the defendants’ motion to dismiss Zaptera’s design patent infringement claims against Aptera. This development allows the case to proceed toward discovery and potentially trial.
The lawsuit, filed in August 2024, alleges that Aptera Motors Corp. and its executives infringed upon two design patents—U.S. Patent Nos. D633,821 and D635,487—as well as various trade secrets, acquired by Zaptera in a 2012 asset purchase agreement. Zaptera contends that Aptera’s current solar electric vehicle designs unlawfully replicate the patented designs and incorporate trade secrets, which were part of the assets purchased from the predecessor company.
Aptera, represented by a major national law firm, sought dismissal of the design patent claims, arguing that the designs were plainly dissimilar and that prior art invalidated Zaptera’s patents. However, the Court rejected these arguments, finding that Zaptera’s allegations were sufficient to state a plausible claim for design patent infringement.
While the Court did dismiss Zaptera’s trade secret misappropriation claims, it granted leave to amend, noting that Zaptera only needed to provide additional details regarding the protection of its trade secrets and how they were allegedly used by the defendants.
Senior Associate Nyja Prior played a central role in this outcome, leading the research and drafting of Zaptera’s opposition to the motion to dismiss. Her meticulous analysis and persuasive arguments were instrumental in overcoming the defendants’ challenges and securing the Court’s favorable ruling on the design patent claims.
Associate Shirin Ehyaei and Paralegal Evan Powers also played integral roles in achieving this successful outcome by offering critical support.
“Nyja’s in-depth research, astute analysis, and clear writing were critical on this early win,” said Jon Atabek, CEO of Atabek & Co. “Her work exemplifies Atabek & Co.’s dedication to legal excellence.”
The case continues under the oversight of Judge Jinsook Ohta, with the next steps involving the filing of an amended complaint addressing the Court’s guidance on the trade secret claims.
For more information about Atabek & Co. and their legal services, visit atabekandco.com.
