Archer Aviation is back in court, this time suing rival Vertical Aerospace on allegations that the competitor’s recently redesigned air taxi concept infringes on patents held by Archer.
The lawsuit is the latest among several court battles pitting Archer against other air taxi developers.
Filed on 23 February in US District Court for the Eastern District of Texas, Archer’s new lawsuit takes aim at Valo, a new air taxi design revealed in December by UK-based Vertical.
Vertical had previously been test flying a prototype called VX4 but said Valo will be the variant it brings through certification.
In rolling out Valo, Vertical said the model incorporates a more aerodynamic airframe and an updated wing and propeller architecture.
But California-based Archer calls Valo a rip-off – a claim Vertical firmly refutes.
“Vertical’s infringement is readily apparent from a visual comparison of the overall appearance of the Valo to Archer’s patented designs,” Archer says in court papers.
The patents in question cover sketches of Archer’s air taxi concept – the concept on which it based its in-development aircraft, called Midnight.
Like Valo, Midnight has high wings (but with 12 wing-mounted props) and a V-tail.
“Vertical elected to release a markedly different design [from VX4], one that closely mimicked the… visual design of the Archer Midnight aircraft,” Archer’s lawsuit says. “Vertical has unfairly benefited from Archer’s hard-earned industrial design innovations.”
Vertical says it will defend itself “vigorously”.
“Archer’s claims are merely an attempt to distract from the challenges Archer is facing competing in the marketplace,” Vertical adds. “Vertical has developed a robust aircraft design with a clear path to certification, underpinned by Vertical’s proprietary and market-leading technology and international IP portfolio.”
Archer’s lawsuit seeks a court order prohibiting Vertical from marketing, manufacturing or selling Valo or any aircraft of substantially the same design.
It also seeks unspecified monetary damages.
Archer is already embroiled in a court battle with another competing air taxi developer, Joby Aviation.
Joby last December sued Archer in US District Court for the Northern District of California, alleging that Archer and an Archer employee stole Joby trade secrets.
In 2023, Archer settled a lawsuit it had filed against Wisk Aero, a Boeing subsidiary that was also developing an air taxi. Archer had accused Wisk of stealing trade secrets.
