Turbulence in the eVTOL IP Wars – Joby Attempts To Ground Archer

On November 19, 2025, Joby Aviation filed a trade secrets lawsuit against Archer Aviation, marking the latest escalation in the competitive race to commercialize electric vertical takeoff and landing (eVTOL) aircraft.[1]

At its core, Joby alleges Archer improperly leveraged confidential information (business strategy documents, partnership terms, and aircraft design specifications) from a former Joby executive who joined Archer earlier this year. Joby alleges Archer used this information to undercut Joby in a real estate development deal.

Echoes of Wisk vs. Archer

This is the second time that Archer finds itself defending against claims of IP misappropriation. In 2021, Wisk Aero (a Boeing–backed eVTOL company) sued Archer, alleging trade secret theft and patent infringement.[2]

In the earlier case, Wisk claimed some of Archer’s early hires stole thousands of confidential files from Wisk, including system designs, flight-control data, and test reports as they left Wisk to work for Archer.  Archer pushed back and ultimately won a key decision when a judge denied Wisk’s motion for a preliminary injunction, ruling that Wisk failed to show a likelihood of success on its trade secret claims. The parties settled the case in 2023, with Archer receiving a substantial investment from Boeing.

A New Competitive Landscape

When Wisk sued Archer in 2021, Archer was a newcomer to an eVTOL industry with limited commercial success. Since then, leading eVTOL developers, including Archer, Joby, Wisk, and Beta, have obtained substantial funding as they move closer to passenger flights. Increased investment comes along with the backdrop of an executive order from the White House urging the integration of eVTOL aircraft into the National Airspace System, and foreign administrations welcoming passenger trials. Archer has also grown into an industry leader, making deals with airlines, extended into military technology, and has been selected as the air taxi provider for the 2028 Los Angeles Olympics.[3] At the same time, Archer’s patent portfolio has swelled to over 1,000 patents.[4]

A Sign of Things to Come?

Wisk’s 2021 lawsuit against Archer drew similarities to early litigation at the dawn of the aviation industry. The Wright Brother’s flight at Kitty Hawk, and associated patents, were the subject of numerous lawsuits in the early 20^th century by the Wright Brothers and European companies that had licensed patents from the brothers.

As the eVTOL industry continues to consolidate and move closer to obtaining key regulatory approval, IP infringement suits may become commonplace as developers try to protect their corner of the market.

Takeaways and Considerations

Trade Secret Risk Is Real: Whether or not Archer is as successful in defending itself against Joby as it was against Wisk, it’s clear that employee turnover in the eVTOL industry is common. Even non-technical employees may have access to highly sensitive material. Companies must enforce rigorous on-boarding and data governance protocols to avoid also on-boarding others’ trade secret information. As a best practice, all companies should establish internal trade secret protocols to clearly identify trade secrets and restrict access in order to maintain the secret.

Consolidation and Regulatory Incentives Heighten IP Value: With government support accelerating eVTOL deployment, the value of IP, especially enabling technologies like battery management or flight controls, is rising. Additionally, as the industry consolidates to a few key entrants, patent portfolios are growing quickly, giving companies more avenues to block out competitors and countersue.

IP Suits and Larger Patent Portfolios Color Internal Development: As in any competitive commercial industry, product development can turn on competitor IP rights leading to innovative design-arounds, licensing opportunities, and strategic collaborations. Investing in product development, flight testing, and certification, without appropriate due diligence or protected IP rights, can force eVTOL developers out of key opportunities as competitors attempt to land nearby.

[1] https://www.reuters.com/sustainability/joby-aviation-sues-air-taxi-rival-archer-over-trade-secrets-2025-11-20/

[2] https://www.reuters.com/business/aerospace-defense/archer-secures-215-million-investment-settles-rival-wisk-lawsuits-2023-08-10/

[3] https://la28.org/en/newsroom/archer-selected-as-official-air-taxi-provider-of-la28-games.html

[4] https://www.investors.archer.com/news/news-details/2025/Archer-Wins-Competitive-Bid-Process-to-Acquire-Liliums-Patent-Portfolio/default.aspx