Wisk v. Archer: Inside a Bitter eVTOL Trade Secret Lawsuit

Hundreds of millions of dollars are potentially at stake in a court battle over two designs for electric vertical takeoff and landing aircraft.

Thom Patterson

Friday, November 19, 2021 at 10:32 AM ET

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Wisk’s and Archer’s eVTOL designs look similar in this comparison. Courtesy: U.S. District Court

Key Takeaways:

Wisk Aero and Archer Aviation are involved in a high-stakes legal battle over alleged theft of electric air taxi (eVTOL) designs and trade secrets, critical for dominance in a rapidly emerging industry.
Wisk accuses Archer of "brazen theft" and patent infringement, citing suspicious design similarities between Archer's "Maker" aircraft and Wisk's proprietary technology, including allegations of a former Wisk engineer stealing files before joining Archer.
Despite the judge denying Wisk's initial motion for a preliminary injunction due to insufficient evidence, they also rejected Archer's attempt to dismiss the case, affirming that Wisk has plausibly alleged trade secret misappropriation.
The complex case, set for a jury trial, highlights the challenges of proving intellectual property theft versus independent innovation in a fast-paced technology sector, particularly concerning employee mobility and design similarities.

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Two ascendent aircraft manufacturers—Wisk Aero and Archer Aviation—have been locked in a bitter court battle for months, accusing each other of stealing their designs for electric air taxis. Potentially hundreds of millions of dollars are at stake as they fight to dominate an emerging industry that promises to help the environment, transform urban transportation and launch a new era in commercial aviation.

After more than seven months of legal twists and turns, FLYING took a deep dive into the lawsuit’s allegations—and the aircraft designs—by pouring through court documents and consulting with two veteran patent attorneys.