Trade secret theft and patent infringement allegations against Archer Aviation by Wisk Aero

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By Vijay Chauhan

American air mobility company Wisk Aero on 6th April,2021 filed a lawsuit in federal court in the Northern District of California against Archer Aviation alleging theft of trade secrets and patent infringement. In the 73-page complaint, Wisk claims that Archer committed a “brazen theft” of confidential information and intellectual property. The lawsuit highlights the design of Archer’s first electric aircraft that was released in February, which Wisk claims is a copy of one of its prospective designs which was submitted to the USPTO in January 2020. Wisk argues that the similarities are too 

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numerous to have been a coincidence. Wisk also accused a former employee of trade-secret theft where he secretly downloaded thousands of files involving test data and aircraft designs prior to his departure. This employee was among the 10 Ex-Wisk personnel hired by Archer. Archer Aviation has taken a firm stance that none of Wisk’s proprietary technology ever reached them and that they intend to defend themselves vigorously. Archer publicly disclosed a criminal investigation relating to some of the claims Wisk brought, including paid administrative leave to the employee in question. Archer’s SPAC sponsor Atlas Crest Investment Corp filed an 8-K noting that it was reviewing these matters.

By Vijay Chauhan

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In a press release, Wisk stated that it is fully cooperating with the FBI and Department of Justice in their criminal investigation.

By Vijay Chauhan