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Archer Aviation Responds to Wisk Aero Injunction Request

June 24, 2021
Archer Aviation Responds to Wisk Aero Injunction Request

Archer Aviation Counters Allegations of Trade Secret Misappropriation

Archer Aviation is intensifying its legal defense against accusations leveled by Wisk Aero concerning the alleged misappropriation of confidential trade secrets. Archer, which recently presented its Maker eVTOL aircraft, submitted a court document on Wednesday asserting that Wisk gained knowledge of Archer’s aircraft design prior to the filing of Wisk’s own patent application – effectively challenging the claim that its designs were stolen.

Reversal of Claims

Wisk initiated legal action in April, contending that its design bears a striking resemblance to Archer’s. The company alleges that these similarities stem from a former Wisk employee, subsequently hired by Archer, improperly transferring proprietary files. However, Archer’s new filing posits that it shared its plans for a 12-rotor tilting design with Geoff Long, a senior engineer at Wisk, during the recruitment consideration process.

Forensic Analysis Reveals No Evidence

Archer further claims that Long disseminated these plans to Wisk executives weeks before Wisk submitted its patent application. To support its position, Archer commissioned a third-party forensic investigation.

This analysis reportedly found no evidence of the purportedly stolen documents on Archer’s systems or on the devices used by the former Wisk employee now working at Archer.

Injunction Request and Potential Impact

The filing is a direct response to an injunction requested by Wisk in May. This injunction seeks a court order to immediately prevent Archer from utilizing any of the 52 trade secrets Wisk claims were unlawfully obtained.

Archer argues that granting this injunction would effectively halt operations “indefinitely” and create a “grave danger” for the company and its extensive network of partners and suppliers.

Financial Implications and Resource Diversion

Archer contends that Wisk’s legal and public relations campaign is jeopardizing its planned merger and business collaborations. The company is being forced to allocate substantial resources to defend against the lawsuit.

Furthermore, Archer has requested that, should an injunction be granted, Wisk be required to post a $1.1 billion bond. This bond would be forfeited to Archer if the court ultimately rules in Archer’s favor.

Wisk's Response

In response to Archer’s filing, Wisk issued a statement to TechCrunch.

The statement asserts that Archer’s filing contains inaccuracies and is an attempt to divert attention from the “serious and broad scope of misappropriation claims” it faces. Wisk maintains its position and looks forward to presenting its case in court.

Legal Details

The lawsuit is currently being litigated in the U.S. District Court for the Northern District of California under case number 5:21-cv-2450.

Key players in this dispute include Archer Aviation, Wisk Aero, and Geoff Long.

#Archer Aviation#Wisk Aero#injunction#trade secrets#lawsuit#eVTOL