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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.

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

Key Takeaways:

  • Wisk Aero and Archer Aviation are locked in a high-stakes legal battle, accusing each other of stealing designs for electric vertical takeoff and landing (eVTOL) aircraft in the rapidly emerging air taxi industry.
  • Wisk alleges "brazen theft" of intellectual property and trade secrets, particularly pointing to a former engineer's alleged "midnight download" of confidential files before joining Archer, which then rapidly developed its "Maker" eVTOL.
  • Archer denies all wrongdoing, claiming independent design development through third-party consultants and counter-accusing Wisk of a "smear campaign" and even reverse-engineering its own design after learning of Archer's plans.
  • While the judge denied Wisk's preliminary injunction, he deemed Wisk's allegations plausible enough for the case to proceed, setting the stage for a jury trial in January 2023 to determine the complex claims of patent infringement and trade secret misappropriation.
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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. 

Thom Patterson

Thom is a former senior editor for FLYING. Previously, his freelance reporting appeared in aviation industry magazines. Thom also spent three decades as a TV and digital journalist at CNN’s bureaus in Washington and Atlanta, eventually specializing in aviation. He has reported from air shows in Oshkosh, Farnborough and Paris. Follow Thom on Twitter @thompatterson.

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