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24, 1995, September 27, 1995, and August 18, 2003, each of the
proposed projects appears to begin with some type of a design or
engineering phase culminating in prototype vehicles. Further,
only the September 27, 1995, proposal relating to motorcycle-
powered vehicles appears even to have reached the prototype
level. Language included in that proposal implies that an
ostensible partner of Shrike Cars, TRA Racing, had by 1995
developed and manufactured a few prototype lightweight vehicles
(880 lbs.) powered by Kawasaki engines and using Mini Domino
bodies. Petitioners contend that at an undisclosed later date
TRA Racing used bodies designed by Shrike Cars on a small number
of similar vehicles. Nonetheless, there remains no indication
that either of the 1995 proposals, or any other possible
automotive proposal advanced prior to 2003, ever went forward so
as to generate ongoing development or production activity on the
part of Shrike Cars by the end of 1998.
Concerning the more nebulous characterization of Shrike Cars
as a “marketing” enterprise, Mr. Weaver testified at trial that
“the important point is we don’t manufacture vehicles. We are
the design, concept, prototyping people. Other people then pick
up from there to manufacture it and move it into the marketplace,
but we will sell it for them.” He described Shrike Cars as “a
resource for innovative development of automotive concepts,
design, engineering and marketing, providing a complete service
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