Wisk Aero Seeks Injunction Against Archer Aviation

Wisk Aero, an electric aviation firm, submitted a request for a preliminary injunction on Wednesday as part of its continuing legal battle with competitor Archer Aviation. Approval of this injunction by the courts could significantly disrupt Archer’s business activities.

Allegations of Trade Secret Theft

Wisk is requesting the court to immediately prevent Archer from utilizing 52 trade secrets. These secrets, according to Wisk, were improperly obtained by former employees who were subsequently employed by Archer. A Wisk representative explained to TechCrunch that these trade secrets encompass a broad range of aircraft systems and development procedures.

Archer vehemently denies these claims. A spokesperson for Archer stated to TechCrunch that the company independently designed its aircraft prior to the arrival of any former Wisk personnel. They expressed confidence in demonstrating this fact in court and affirmed their commitment to ongoing business plans, including aircraft development, certification, and production.

Potential Impact of the Injunction

Due to the extensive scope of the alleged trade secrets, a granted injunction would likely impose limitations on Archer’s operations. The courts have yet to determine whether Archer engaged in the misappropriation of trade secrets, as initially alleged by Wisk on April 6th.

Wisk discovered the potential theft after commissioning an external investigation of a departing employee’s work laptop. The investigation revealed the download of approximately 5,000 files by this individual, who is now a senior power electronics engineer at Archer.

Federal Investigation Underway

A separate federal investigation is being conducted by the Federal Bureau of Investigation and the U.S. Department of Justice. This investigation centers on a former Wisk employee currently working at Archer, stemming from Wisk’s allegations regarding trade secrets.

Archer disclosed in a filing with the U.S. Securities and Exchange Commission that an employee had been placed on paid administrative leave in connection with a government investigation and the execution of a search warrant.

Next Steps in the Legal Process

A hearing date for the injunction request has not yet been set. However, given the urgency of the matter, it is anticipated to occur within the coming days. The lawsuit is currently being heard in the U.S. District Court for the Northern District of California under case number 5:21-cv-2450.

This report has been updated to include comments from Archer and to clarify that the FBI investigation focuses on a former Wisk employee, not Archer or its leadership.