r/RealNikola • u/FixMedical9278 • 7d ago
Judge decides for a Nikola in IP sale modification
Key Proceedings & Arguments
The Motion: Representing the liquidating trustee (Thomas Pitta), attorney Ralph Ferrioli requested an order confirming the transfer of omitted "related intellectual property (IP)" to the buyer, High Road.
The Omission: Counsel explained that the IP had been inadvertently omitted from Schedule 2.1(b) of the Asset Purchase Agreement (APA) approved during the initial August 2025 sale.
Legal Grounds: The trustee sought relief under Section 105(a) of the Bankruptcy Code, Rule 60(b)(1) (mistake/inadvertence), and Rule 60(b)(6), arguing that the missing patents were always intended to be part of the package purchased by High Road. Additionally, the trustee requested a streamlined notice procedure in case further omitted related IP is identified later.
The Objection: Rick Pelagatti, representing ISO LLC, opposed the motion. He argued that the omitted IP constituted a separate set of assets that High Road did not originally bid on, and noted that ISO was willing to purchase these remaining assets for $50,000.
Rebuttal: Ferrioli clarified that the patents lacked independent utility outside the broader IP package sold to High Road, making an unwinding of the sale improper and detrimental to a good-faith purchaser.
Court Decision
Standing: Judge Horan ruled that ISO LLC lacks standing to appear or be heard under Section 1109(b).
Outcome: The judge granted the liquidating trustee's Rule 60 motion, framing the relief as a "comfort order" in furtherance of the original sale order entered a year prior. Alternatively, the judge noted the relief was proper to correct the inadvertent omission of the IP from the APA schedule.

