Archer Sues eVTOL Rival Vertical for Patent Infringement

Archer Aviation is suing rival eVTOL aircraft developer Vertical Aerospace over alleged patent infringement. In a lawsuit filed in the Eastern District of Texas, Archer has complained that Vertical’s new Valo design illegally copies its Midnight aircraft.

The case was filed in court on Monday and acknowledged by California-based Archer on Tuesday. Vertical has refuted Archer's allegations and said it will defend the case "vigorously."

"Archer’s claims are merely an attempt to distract from Archer’s challenges competing in the marketplace,"  the UK company said in a written statement issued later on Tuesday. "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."

According to Archer, Vertical infringed at least two of its U.S. design patents (D1,062,878 and D1,067,164) with the Valo design it unveiled in December, which shows significant changes from the earlier VX4 model that Vertical has been flight-testing. "After years of developing its VX4 aircraft, Vertical has abandoned that design and unveiled a new aircraft, Valo, which is a visual mimic of Archer’s Midnight aircraft’s award-winning industrial design,” a spokeswoman said.

Archer added that the Valo aircraft infringes one of its “utility” patents (11,945,597). This covers flight control systems and “control allocation” methods used to manage the electric propulsion systems and battery power on its tilting architecture.

“Vertical has knowingly, willfully, and in reckless disregard leveraged and exploited the substantial goodwill and reputation associated with Archer’s patented designs,” the Archer lawsuit argued. “Vertical’s infringement is readily apparent from a visual comparison of the overall appearance of the Valo to Archer’s patented designs.”

Dismissing Archer's claims as being "without merit," a further statement from Vertical insisted that it has developed the new Valo design "with a clear path to certification, underpinned by Vertical's proprietary and market-leading technology and international intellectual property portfolio." The company accused Archer of filing the lawsuit to distract from challenges it said the U.S. company is facing. 

“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 chair Domhnal Slattery commented. “Our focus remains firmly on execution and certification. That is where sustainable value is created, and that is where we are leading.”

This week, Vertical is displaying a mockup of the Valo in Miami to promote potential air taxi routes in South Florida. Archer has also announced plans to launch services with the Midnight aircraft there and in other U.S. locations.

Archer Converges On Vertical's Bristol Base

On February 20, Archer announced its new UK engineering hub will be in Bristol, which is where Vertical Aerospace is also headquartered. The company said the facility will mainly support its joint work on defense projects with partners Anduril and GKN Aerospace.

Archer recently hired Limhi Somerville, who was until recently Vertical’s director of engineering. According to financial analyst Raymond James, the U.S. company is likely to attract other “engineering talent” from its competitor.

The partnership with Anduril dates back to 2024, coinciding with the formation of a new Archer defense subsidiary. At the time, the parties said their first product would be a “hybrid-propulsion, vertical takeoff and landing aircraft” based on Archer’s Midnight eVTOL. They now intend to jointly seek roles in the British Army’s Project NYX and the UK Ministry of Defence’s Land Autonomous Collaborative Platform program.

In May 2025, Anduril Industries UK also announced it was to collaborate with Skyports Drone Services and Atkins Réalis to “explore civil and defense applications in the UK using Archer’s Midnight eVTOL aircraft.” Anduril stated it would serve as the lead systems integrator, with the consortium continuing development of the planned hybrid aircraft. At the time, Skyports director Alex Brown suggested that a “first project on cargo services will lay the groundwork for other applications with significant value, such as surveillance and search and rescue.”

In August 2023, Archer settled a long-running lawsuit with eVTOL aircraft developer Wisk Aero, which had accused it of patent infringement. The Boeing subsidiary agreed to collaborate with Archer in developing autonomous versions of Midnight, but it is unclear how this work has since progressed.

On January 23, Archer filed a motion with a U.S. District Court in California to dismissed a lawsuit filed by another rival, Joby Aviation, which in November had filed a case accusing Archer of stealing trade secrets when it hired a former employee. This case is now due to be heard on March 24.

This story was updated to include a further statement from Vertical Aerospace and with background on earlier lawsuits involving Archer.