A leading American developer of electric vertical takeoff and landing (eVTOL) air taxis is accusing its main overseas rival of “copying” its flagship design.
Archer Aviation on Monday filed a complaint with the U.S. District Court for the Eastern District of Texas, alleging that the design of competitor Vertical Aerospace’s Valo infringes on patents awarded for its Midnight air taxi. Archer claims Valo, unveiled in December, is “markedly different” from Vertical’s VX4 prototype and “suddenly mimics” Midnight.
Vertical in response said the claims are “without merit” and “merely an attempt to distract from the challenges Archer is facing competing in the marketplace.”
The complaint was filed hours before Vertical opened a public display of Valo in Miami, the second stop on its U.S. tour after an unveiling in Manhattan in January. Archer plans to operate in those locations once Midnight is certified by the FAA. The company in December also announced a U.K. subsidiary, which could compete with Vertical’s planned network across the Atlantic.
There is some overlap between Archer and Vertical’s route maps for South Florida and New York. The Florida maps both include Vertiports by Atlantic facilities at Witham Field (KSUA), Palm Beach International Airport (KPBI), Boca Raton Airport (KBCT), and Fort Lauderdale Executive Airport (KFXE).
In New York, both companies plan to use Skyports’ Downtown Skyport in Manhattan as a hub. Each plans to fly out of John F. Kennedy International Airport (KJFK), Newark Liberty International Airport (KEWR), and Teterboro Airport (KTEB) in New Jersey.
“It’s obvious that Vertical’s Valo aircraft mimics many of Midnight’s most distinctive design features,” said Eric Lentell, chief strategy and legal officer for Archer. “We spent billions of dollars and many years perfecting those, and Vertical pivoting to this design is nothing more than a desperate attempt to copy a leader in the sector.”
Midnight vs. Valo
Archer said Vertical’s “infringement” is “readily apparent from a visual comparison of the overall appearance of the Valo to Archer’s patented designs.”
Specifically, Archer claims Vertical violated two patents, issued in early 2025, that cover the “overall visual impression” of Midnight’s fuselage, wing, and V-tail design. The company also claims its U.K. rival is using its patented control system, designed for electric aircraft with multiple battery packs, propulsion units, and actuators.
“In the eye of the ordinary observer,” the complaint reads, those patented designs and the architecture of Valo’s airframe are “substantially the same.”
Archer pointed to Vertical’s design changes from the VX4 prototype to Valo as evidence of wrongdoing. The flagship model features a smoother fuselage with a larger wetted area, and taildragger landing gear replaces the prototype’s tricycle configuration.
Media materials issued by Vertical describe a “redesigned wing and propeller architecture,” to which Archer pointed as a sign of infringement. However, Michael Cervenka, Vertical’s chief commercial and technology officer, told FLYING in January that the size and location of the propellers relative to the wing.
“Plenty of people have sat in Joby or Archer’s aircraft,” Cervenka said. “When they come and actually sit in this, they’ll just see it’s a completely different proposition.”
Vertical on Tuesday vowed to “vigorously” defend against Archer’s claims.
“Vertical’s aircraft architecture, proprietary technology stack, and certification pathway have been independently developed over many years and are protected by a robust portfolio of intellectual property rights,” said Domhnal Slattery, chair of Vertical. “Our focus remains firmly on execution and certification. That is where sustainable value is created—and that is where we are leading.”
Beyond the alleged design similarities Archer is claiming, Midnight and Valo have a few other commonalities. Both aircraft are designed for four passengers—though Valo could later expand to six—and have the same intended cruise speed (150 mph), altitude (2,000 feet agl), and maximum range (100 miles).
In addition, both have carbon fiber airframes and use a combination of vertical lift propellers and tilt propellers, which swivel forward to support both vertical and forward flight. Midnight has six tilt propellers on its front wing and six fixed propellers in the aft portion of the aircraft. They are powered by six battery packs, which Archer built in house.
Valo similarly has four tilt propellers on the front wing, with four fixed propellers behind them. Its eight battery packs were designed by Molicel and power electric propulsion units from Evolito.
However, that configuration is not unique among air taxi designs. Wisk Aero’s Generation 6, for example, uses the same “12-tilt-6” propeller design as Midnight. Joby Aviation’s S4 has six propellers, all capable of switching between flight modes.
Archer’s Legal Disputes
This isn’t the first time Archer has been embroiled in a legal quarrel.
In November, Joby alleged that its former U.S. state and local policy lead downloaded sensitive files—and added his personal email account to others—before leaving for a role with Archer. Per the complaint, the employee retained access to confidential information, which he used to help Archer undercut a deal with a real estate developer Joby had been courting.
The lawsuit alleges that the former employee also stole regulatory strategies, vertiport plans, and “technical information about Joby’s aircraft and operations.” It accuses Archer of a litany of violations including theft of trade secrets and unfair competition. Joby said the alleged infraction is “corporate espionage, planned and premeditated.”
“Let me be clear, Archer has no deal with this developer,” Adam Goldstein, CEO of Archer, responded in a post on X. “Joby’s accusations are fantasy…Suing us for a deal that we never even bid on is wild. I guess desperation really clouds judgment.”
Archer in January filed a motion to dismiss the case, which will move it from Santa Cruz County Superior Court to federal court in San Jose. The federal court is expected to hear the motion on March 24.
Archer has faced similar accusations from Wisk Aero, the eVTOL air taxi unit of Boeing. Wisk in 2021 sued for “brazen theft” of trade secrets, alleging that one of its former employees also brought sensitive information over to Archer. Archer countersued for $1 billion in damages. But the companies in 2023 settled on undisclosed terms, agreeing to make Wisk the sole provider of autonomy technology for future Midnight variants. Boeing will fund that integration.
In December, Archer poached engineer Limhi Somerville from Vertical, who is expected to join the company’s U.K. subsidiary after six years with the Valo manufacturer.