Archer Aviation Seeks Dismissal of Wisk Aero Trade Secret Lawsuit

Archer Aviation Disputes Trade Secret Claims by Wisk Aero

Archer Aviation has formally responded to accusations leveled by Wisk Aero, its competitor in the electric vertical takeoff and landing (eVTOL) aircraft sector. The company asserts that its Maker aircraft design was independently developed.

Independent Design Process

Archer maintains that the design of its aircraft originated with a collaboration with FlightHouse Engineering, a third-party eVTOL consultancy. This partnership commenced in late 2019.

FlightHouse Engineering initially modeled a fixed-wing aircraft configuration featuring 12 rotors. Crucially, the front six rotors were designed with the capability to transition between vertical and horizontal orientations. This foundational design ultimately evolved into the Maker aircraft.

Archer emphasizes that this initial design was fully modeled before any former Wisk Aero employees joined their team. This timeline, they argue, demonstrates the independent origin of their aircraft’s core architecture.

Wisk's Response and Allegations

Wisk Aero, however, remains steadfast in its claims. A spokesperson for Wisk stated that Archer’s response does not address the core issue of alleged misappropriation.

Wisk contends that Archer unlawfully acquired access to over 50 specific trade secrets. These secrets reportedly encompass various aircraft components, systems, and overall designs, as detailed in previous court filings.

According to Wisk, Archer’s business model is fundamentally reliant on intellectual property originating from their company, and they are determined to pursue the case.

Legal Proceedings and Counterclaims

Wisk Aero initiated the lawsuit in April within the U.S. District Court for the Northern District of California. The suit alleges a “brazen theft” of confidential information and intellectual property.

This legal action followed Archer’s announcement of a planned merger with Atlas Crest Investment Corp., a special purpose acquisition company, in a deal valued at $3.8 billion.

In response, Archer has filed counterclaims against Wisk, alleging “tortious interference and unfair competition.” They claim Wisk launched a deliberate “media campaign” designed to inflict damage on Archer following the announcement of their impending financial success.

Specificity of Alleged Trade Secrets

Archer also filed a motion to dismiss, arguing that Wisk failed to adequately specify the trade secrets it claims were misappropriated in the initial complaint.

Wisk subsequently submitted a 72-page trade secret disclosure as part of a separate injunction filed on May 19. This injunction seeks to potentially prevent Archer from utilizing any technology purportedly derived from stolen information.

Disputed Employee Actions

A central element of Wisk’s case revolves around allegations that a former employee, Jing Xue, downloaded a substantial number of proprietary files from his work computer before joining Archer Aviation.

However, Archer asserts that Wisk’s complaint does not allege that this former employee actually disclosed any of the downloaded information to Archer. They argue that without evidence of such disclosure, a claim of trade secret misappropriation cannot stand.

Archer contends that merely possessing the files, or even knowing their contents, is insufficient to establish a violation of trade secret law.

Archer plans to file an opposition to Wisk’s injunction on June 23, addressing the claims made in the trade secret disclosure statement.