Photo: Canoo
We wrote about the lawsuit Canoo filed against Harbinger based on what Business Insider reported, but there is nothing like going to the source to learn all nuances such legal action can involve. In this case, the source came to autoevolution to rectify some of the elements we had presented. The company also sent us a copy of the lawsuit for us to get a better picture of what Canoo believes it has to set straight with Harbinger.
At first, our impression was that the sued former executives were not happy about what Tony Aquila was doing with Canoo and decided to leave the company. Canoo’s lawyers told us that there was “a mischaracterization” of what Aquila discussed with Business Insider. Aquila would simply have followed what the Board decided “the company should and would be.” When he took over as CEO, “it was the Board that changed the company’s strategy/plans.” Noted.
Regarding the lawsuit, it is not based solely on Canoo’s skateboard technology – with drive-by-wire and brake-by-wire capabilities that make it a fully-functioning rolling chassis. The company considers that its trade secrets include investor and vendor opportunities. One of these opportunities was with Morgan Olson (MO), a company that produces walk-in step vans with whatever rolling chassis are available.
When he worked at Canoo, Phillip Weicker “was instrumental in the negotiations and exploration of Canoo’s relationship with MO.” The company was trying to offer its skateboard as a simple way for MO to electrify its products. According to the lawsuit, Canoo pursued the partnership for a year and a half. It also claims to have invested millions of dollars in trying to seal the deal, but it did not go through. Weicker left Canoo in December 2020 and joined Harbinger as its chief technical officer (CTO) in March 2021. However, Canoo states that Harbinger reached a deal with MO.
We did not find anything confirming that Harbinger and MO became partners on either company’s pages. MO’s website talks about a partnership with REE, but not with Harbinger. However, the lawsuit affirms that is the case and quotes an Autopian article about the Harbinger walk-in step van that states this: “That blue van up there looks to be an off-the-rack Grumman MT45 step van, also sold as a Freightliner MT45, or a Morgan Olson RouteStar, or some confusing combination of those names.”
The lawsuit then accuses Weickert of “continuously and systematically” stealing “Canoo’s confidential information and trade secrets by forwarding emails to his
personal email account.” Canoo also states that he copied, downloaded, and uploaded its confidential documents. Another target is Michael Fielkow, Canoo’s former and Harbinger’s current general counsel. He is the central character of an intriguing story.
On March 17, 2022, Canoo received an email from one of its outside law firms, the one responsible for patent work. The message included three patent applications and listed Weicker, William Eberts, and John Henry Harris (CEO) as the inventors. The problem is that it was mistakenly sent to Canoo: it was supposed to go to Harbinger. Eberts is now COO there, and Harris is the company’s CEO.
Fielkow left Canoo on March 11, 2022, or six days before the email arrived. Considering the office was the same one that took care of Canoo’s patent needs, the company accused the attorney of working for Harbinger and Canoo at the same time. Patent applications demand several months to complete, and using the same law firm for that would not be just a coincidence.
The lawsuit then states that Canoo “is informed and believes, and on that basis alleges” several of its allegations against the former executives. It also accuses Overture Climate, Schematic Ventures, Ridgeline Partners, Jackson Moses, Ironspring, Tiger Global Management, and Bharat Forge Limited of investing in Harbinger knowing what it was doing with Canoo, but after a “ready-made EV.” Canoo argues that it was only ready because it invested money and time in developing it. Finally, it wants the U.S. government to consider everything as a matter of national security because of its contracts with NASA and the U.S. Army. Harbinger has at least one foreign investor, which Canoo considers a threat.
We tried to contact Harbinger to learn what it has to say about all these allegations, but we suspect we would receive the same statement that the company sent Business Insider if it ever answers: that the lawsuit is meritless. If it has anything else to say besides that, we’re all ears. As for Canoo, this is the company’s answer to what Harbinger said: “The facts of the lawsuit speak for themselves.” Let’s see what the court decides.
Regarding the lawsuit, it is not based solely on Canoo’s skateboard technology – with drive-by-wire and brake-by-wire capabilities that make it a fully-functioning rolling chassis. The company considers that its trade secrets include investor and vendor opportunities. One of these opportunities was with Morgan Olson (MO), a company that produces walk-in step vans with whatever rolling chassis are available.
When he worked at Canoo, Phillip Weicker “was instrumental in the negotiations and exploration of Canoo’s relationship with MO.” The company was trying to offer its skateboard as a simple way for MO to electrify its products. According to the lawsuit, Canoo pursued the partnership for a year and a half. It also claims to have invested millions of dollars in trying to seal the deal, but it did not go through. Weicker left Canoo in December 2020 and joined Harbinger as its chief technical officer (CTO) in March 2021. However, Canoo states that Harbinger reached a deal with MO.
We did not find anything confirming that Harbinger and MO became partners on either company’s pages. MO’s website talks about a partnership with REE, but not with Harbinger. However, the lawsuit affirms that is the case and quotes an Autopian article about the Harbinger walk-in step van that states this: “That blue van up there looks to be an off-the-rack Grumman MT45 step van, also sold as a Freightliner MT45, or a Morgan Olson RouteStar, or some confusing combination of those names.”
The lawsuit then accuses Weickert of “continuously and systematically” stealing “Canoo’s confidential information and trade secrets by forwarding emails to his
personal email account.” Canoo also states that he copied, downloaded, and uploaded its confidential documents. Another target is Michael Fielkow, Canoo’s former and Harbinger’s current general counsel. He is the central character of an intriguing story.
On March 17, 2022, Canoo received an email from one of its outside law firms, the one responsible for patent work. The message included three patent applications and listed Weicker, William Eberts, and John Henry Harris (CEO) as the inventors. The problem is that it was mistakenly sent to Canoo: it was supposed to go to Harbinger. Eberts is now COO there, and Harris is the company’s CEO.
Fielkow left Canoo on March 11, 2022, or six days before the email arrived. Considering the office was the same one that took care of Canoo’s patent needs, the company accused the attorney of working for Harbinger and Canoo at the same time. Patent applications demand several months to complete, and using the same law firm for that would not be just a coincidence.
The lawsuit then states that Canoo “is informed and believes, and on that basis alleges” several of its allegations against the former executives. It also accuses Overture Climate, Schematic Ventures, Ridgeline Partners, Jackson Moses, Ironspring, Tiger Global Management, and Bharat Forge Limited of investing in Harbinger knowing what it was doing with Canoo, but after a “ready-made EV.” Canoo argues that it was only ready because it invested money and time in developing it. Finally, it wants the U.S. government to consider everything as a matter of national security because of its contracts with NASA and the U.S. Army. Harbinger has at least one foreign investor, which Canoo considers a threat.
We tried to contact Harbinger to learn what it has to say about all these allegations, but we suspect we would receive the same statement that the company sent Business Insider if it ever answers: that the lawsuit is meritless. If it has anything else to say besides that, we’re all ears. As for Canoo, this is the company’s answer to what Harbinger said: “The facts of the lawsuit speak for themselves.” Let’s see what the court decides.
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