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See the two air taxi designs above. Look similar? The company that designed the device on the left certainly thinks so, which is why the company that designed the device on the right is accused of patent infringement.
Archer Aviation on Monday filed a complaint with the U.S. District Court for the Eastern District of Texas accusing rival Vertical Aerospace of copying the design of its “Midnight” aircraft for its own “Valo” vehicle. Archer wants to prevent Vertical from using the allegedly copied designs, as well as several other patents that the company claims have been infringed.
“Vertical knowingly, willfully, and with reckless disregard abused and exploited the good faith and significant reputation associated with Archer’s patented designs,” the complaint states. “By willfully misappropriating these rights, Vertical gained a significant unfair competitive advantage by forfeiting and free-riding Archer’s significant investments of time and expense that contributed to Archer’s highly valuable, innovative product.”
Archer Midnight and Vertical Valu are both four-passenger aircraft with electric motors and tilt-rotor propellers designed for vertical take-off and landing. Both have a top speed of 150 mph and a maximum range of 100 miles.
“Vertical’s Valo aircraft clearly emulates many of Midnight’s most distinctive design features,” Eric Lintel, Archer’s chief strategy and legal officer, said in a statement. Edge. “We’ve spent billions of dollars and many years perfecting this, and the vertical axis of this design is nothing more than an attempt to imitate an industry leader.”
But Vertical Aerospace spokesman Justin Bates said Archer’s claims are “baseless” and a “distraction” from the challenges the company faces in the market. “Vertical has developed a robust aircraft design with a clear path to certification, supported by Vertical’s proprietary, market-leading technology and international intellectual property portfolio,” Bates said in a statement.
Vertical Aerospace was founded in 2016 by former Formula 1 team owner Stephen Fitzpatrick. The company achieved maiden flight with its VA-X1 experimental aircraft in June 2018. Last year, the company unveiled the Valo as a four-passenger, zero-emission aircraft, targeting air-readiness certification by 2028. Vertical recently launched a prototype of the Valo in New York City, as well as in Miami — events that Archer also says are similar to its demonstrations in New York and Miami in 2025.
Both Archer and Vertical need certification of their designs from aviation regulatory bodies before they can launch commercial air taxi operations. Archer, headquartered in San Jose, Already obtained master operating certificates (Part 135, Part 145, and Part 141) from the FAA, while UK-based Vertical is targeting 2028 for EASA and UK type certification.