I don't know jack about the case, but I am a trial attorney that handles disputes between business partners. What I do know is this is going to be ugly and expensive for all parties. They would do better either partnering or parting ways right now.Fortunately for Fisker, their tech comes from Quantum Tech, which has been a Tier 1 supplier in the US for awhile, so it is unlikely Fisker would want or need any tech from Tesla.
Does Tesla think that no one has tried to design an alternative fuel vehicle until they came along? They are going to have a hard time trying to prove that Fisker, who has designed for Jaguar, BMW, Aston Martin, etc., has gleened any "special" information from Tesla.
If you read Martin Eberhard's blog, you will find that he has made up his mind as to what solution the US needs, and is pushing hard for only that. He cannot understand the market forces and other realities that would drive a consumer to different choices, and therefore, wouldn't offer them until both GM and Fisker (and later Aptera) made the move to a serial hybrid.Have trouble selling a serial hybrid?? Yeah, right, Tesla's a super-duper forward thinking company.