Details Independent Creation of Its Aircraft Design, Brings Counterclaims Against Wisk

Archer Aviation has filed its answer to a lawsuit by Wisk (in which they asserted Theft of Trade Secrets and Patent Infringement) in the US District Court for the Northern District of California.

In the answer, Archer details key information, including that it developed its “12 tilt 6” design through a leading eVTOL independent consultant before any Wisk employees ever joined Archer.

Archer also filed a Motion to Dismiss, claiming that Wisk’s case is entirely baseless. Wisk’s Complaint does not identify a single specific Wisk trade secret, let alone any evidence of misappropriation. Furthermore, there also is nothing secret about using 12 rotors on a fixed wing, tilting rotors, or a V tail. Wisk’s patent claims are equally meritless and improper; Archer does not infringe Wisk’s patents, and Wisk has no basis to allege otherwise.

In addition, Archer filed Counterclaims for tortious interference and unfair competition alleging that Wisk has made false and unsupported public statements outside of the litigation designed to harm Archer, a successful competitor.

As detailed in the Answer, Archer designed its aircraft independently, working with FlightHouse Engineering, a leading eVTOL design consultant it hired in September 2019. It was FlightHouse who first modeled the “12 tilt 6” design before any former Wisk employees joined Archer, and Archer’s Answer includes several examples of FlightHouse’s drawings and analysis in support of this fact.

The Company stated, “This lawsuit was filed by Wisk for an obvious and impermissible purpose: to impede the success of, and investment in, Archer and its state-of-the-art aircraft design. This case has nothing to do with the design of Archer’s aircraft, and everything to do with the success of Archer’s business – and the failure of Wisk’s. Wisk and its predecessors have suffered from years of disorganization and failed design, as well as employee defections, and Wisk is now improperly attempting to weaponize the legal system to achieve through bad faith litigation what it cannot accomplish through fair competition.”

Archer says it will hold Wisk accountable for its abuse of the legal system and its anticompetitive and tortious conduct.

FMI: www.archer.com,https://prismic-io.s3.amazonaws.com/archerv2/f87c29f2-e9be-416d-82bb-6a7b41b244e7_Archer+Answer+and+Counterclaims.pdf