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Side-by-side illustrations of the design similarities between Archer’s Midnight and Vertical Aerospace’s Valo were included in Archer’s patent infringement complaint filing.
Archer Aviation has filed a patent infringement complaint against Vertical Aerospace alleging that Vertical’s recently unveiled Valo eVTOL copies both the distinctive industrial design and flight control technology of Archer’s Midnight aircraft.
The lawsuit, filed in federal court in Texas on Feb. 23, asserts infringement of two U.S. design patents and a utility patent covering electric propulsion systems.
In its complaint, Archer alleges that Valo’s “overall visual impression” is highly similar to Midnight’s patented design, infringing on two patents covering the fuselage, wing and V-tail configuration.
Archer argues that under the “ordinary observer” standard used in visual design patent cases, a viewer “would be deceived into believing” that Valo embodies the same design as Midnight.
“Vertical has knowingly, willfully, and in reckless disregard leveraged and exploited the substantial goodwill and reputation associated with Archer’s patented designs,” the complaint states. “Vertical’s infringement is readily apparent from a visual comparison of the overall appearance of the Valo to Archer’s patented designs.”
“It’s obvious that Vertical’s Valo aircraft mimics many of Midnight’s most distinctive design features,” Archer’s Chief Strategy Officer Eric Lentell told Aviation Week in a statement. “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.”
Responding to the complaint, a Vertical spokesperson said that Archer’s claims are “without merit” and that Vertical plans to defend itself “vigorously.
“Archer’s claims are merely an attempt to distract from Archer’s challenges competing in the marketplace,” the spokesperson said in a statement. “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.”
“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,” Vertical's chairman Domhnal Slattery said in a statement. "Our focus remains firmly on execution and certification. That is where sustainable value is created - and that is where we are leading.”
Beyond aesthetics, the complaint also alleges that Vertical infringed on a utility patent that covers flight control methods for managing distributed electric propulsion in an eVTOL aircraft. The patent addresses what the complaint describes as a core technical challenge in eVTOL design–allocating thrust and energy across multiple electric propulsion units powered by separate battery packs.
According to the filing, eVTOL aircraft can include “more actuator degrees of freedom than there are movement degrees of freedom,” creating a complex “control allocation problem,” which Archer says the patent addresses through an “optimization-based control allocation framework” that determines actuator commands while “balancing energy draw” across battery packs and reducing noise.
The lawsuit comes amid intensifying competition between Archer and Vertical as both companies push toward certification of their aircraft. Archer recently announced plans to establish a UK engineering hub in Bristol, where Vertical is headquartered and conducts much of its design and engineering activities. The companies are also competing for engineering talent. Archer in December announced the hiring of Limhi Somerville, who led Vertical’s engineering team for six years, and multiple other former employees have been recruited by the company in recent months, according to an Archer spokesperson.
The lawsuit also comes as Vertical contends with an increasingly urgent need to raise additional capital. The company finished the third quarter with just £89 million ($120 million) on its balance sheet and is expected to run out of cash by the middle of the year absent additional fundraising, according to industry analysts including SMG Consulting’s Sergio Cecutta and Raymond James’ Savanthi Syth. The latter recently downgraded Vertical from a Hold to Sell rating, citing concerns about its ability to raise capital.
Archer, by contrast, finished the third quarter with more than $2 billion on its balance sheet–enough to fund operations for several years at projected spending levels.
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