Wisk Aero Files Lawsuit Against Archer Aviation

Wisk Aero, an air mobility company resulting from a collaboration between Kitty Hawk and Boeing, initiated legal action Tuesday against Archer Aviation. The lawsuit alleges patent infringement and the misappropriation of trade secrets.

Allegations of Intellectual Property Theft

Wisk asserts that Archer engaged in a “brazen theft” of confidential information and valuable intellectual property. The legal complaint centers on the design of Archer’s inaugural electric aircraft, unveiled in February. Wisk contends that this design is a direct replication of one of its own prospective designs.

This potential design was initially submitted to the U.S. Patent and Trademark Office in January 2020. Wisk maintains that the degree of similarity between the two aircraft is far too substantial to be attributed to mere coincidence.

Investigation Reveals Data Downloads

Further, Wisk claims that a forensic investigation, launched after Archer recruited ten former Wisk engineers, uncovered evidence of data theft. The investigation revealed that one newly hired engineer surreptitiously downloaded thousands of files prior to leaving Wisk.

Another engineer is also alleged to have downloaded files, according to the lawsuit.

Stolen Information Details

The compromised files contained critical information, including detailed systems designs, crucial test data, and complete aircraft designs, as stated in a blog post published by Wisk on Tuesday.

“As detailed in our Complaint, the aircraft design Archer revealed is a clear reflection of their access to Wisk’s extensive aerodynamic test and evaluation data, accumulated through years of rigorous experimentation and modeling,” the company explained in the blog.

“The striking resemblance in the overall aircraft design further suggests Archer’s utilization of more specific design elements, encompassing aspects of aircraft propulsion, power management, avionics, flight control systems, and manufacturing processes.”

Archer’s Recent Successes

Archer has experienced significant achievements in 2021. These include a February announcement regarding a merger with special purpose acquisition company Atlas Crest Investment Corp, resulting in an equity valuation of $3.8 billion.

Also in February, the Palo Alto, California-based startup secured a $1 billion order from United Airlines, establishing the airline as both a customer and an investor.

Archer’s Response

“It is unfortunate that Wisk has chosen to pursue litigation, seemingly as a tactic to divert attention from the internal challenges that have led to the departure of several of their employees,” stated an Archer spokesperson in an email to TechCrunch.

“These concerns were initially raised over a year ago, and following a comprehensive review, we have no basis to believe that any proprietary Wisk technology was ever transferred to Archer. We are prepared to vigorously defend our position.”

Ongoing Government Investigation

The Archer spokesperson further disclosed that the company has “placed an employee on paid administrative leave in connection with a government investigation and a search warrant issued to that employee, which we understand focuses on conduct predating their employment with Archer.

Archer and three additional Archer employees who collaborated with the individual have also received subpoenas related to this investigation, and are fully cooperating with authorities.”

Wisk’s Statement on Criminal Investigation

Responding to reports of a criminal investigation, a Wisk spokesperson stated, “We are aware of Archer’s disclosure regarding a criminal investigation into this matter and are fully cooperating with the government. We have no further comment at this time.”

Legal Filing Details

The lawsuit was filed with the California Northern District Court under case number 5:21-cv-02450.

This article has been updated to incorporate additional commentary from Wisk concerning the criminal investigation.