Look at the two air taxi designs above. Look similar? The company that designed the one on the left sure thinks so, which is why it’s accusing the firm that designed the one on the right of patent infringement.
On Monday, Archer Aviation filed a complaint in the US District Court Eastern District of Texas accusing rival Vertical Aerospace of copying its “Midnight” aircraft design for its own “Valo” vehicle. Archer wants to block Vertical from using the allegedly copied designs, as well as several other patents the company claims have been infringed upon.
“Vertical has knowingly, willfully, and in reckless disregard leveraged and exploited the substantial goodwill and reputation associated with Archer’s patented designs,” the complaint reads. “Through its willful misappropriation of those rights, Vertical obtained a substantial unfair competitive advantage by foregoing and freeriding on Archer’s significant investments in time and expense that contributed to Archer’s highly prized and innovative product.”
Archer’s Midnight and Vertical’s Valo are both four-passenger aircraft with electric motors and tilt-rotor propellers designed for vertical takeoff and landing. Both have a cruising speed of 150 mph and a maximum range of 100 miles.
”It’s obvious that Vertical’s Valo aircraft mimics many of Midnight’s most distinctive design features,” Eric Lentell, Archer’s chief strategy and legal officer, said in a statement to noti.group. “We spent billions of dollars and many years perfecting those, and Vertical pivoting to this design is nothing more than an attempt to copy a leader in the sector.”
But Vertical Aerospace spokesperson Justin Bates said that Archer’s claims were “without merit” and a “distraction” from the company’s challenges in the market. “Vertical has developed a robust aircraft design with a clear path to certification, underpinned by Vertical’s proprietary and market-leading technology and international IP portfolio,” Bates said in a statement.
Vertical Aerospace was founded in 2016 by ex-Formula One team owner Stephen Fitzpatrick. The company achieved its first flight with its VA-X1 proof-of-concept aircraft on June 2018. Last year, the company unveiled Valo as a four-passenger zero-emission aircraft, targeting air readiness certification by 2028. Vertical recently shoed off a prototype of Valo in New York City, as well as Miami — events that Archer also says are similar to its own NYC and Miami showcases in 2025.
Archer and Vertical both need certification for their respective designs from aviation regulators before they can launch commercial air taxi operations. Archer, which is based in San Jose, has already secured key operational certificates (Part 135, Part 145, and Part 141) from the Federal Aviation Administration, while the UK-based Vertical is targeting 2028 for EASA and UK type certification.
[Notigroup Newsroom in collaboration with other media outlets, with information from the following sources]
