Archer Aviation has filed a patent infringement complaint against Vertical Aerospace, alleging that the UK company is copying key parts of its Midnight aircraft with its Valo eVTOL.
The patent infringement complaint was filed in the US District Court for the Eastern District of Texas earlier this week. It claims that Vertical’s Valo mimics the visual and functional characteristics of Midnight to the extent that an observer could confuse the two.
The complaint states that Vertical has “knowingly, willfully, and in reckless disregard” exploited Archer’s patented designs and that the “infringement is readily apparent from a visual comparison of the overall appearance of the Valo to Archer’s patented designs.”
Patents allegedly infringed
Two design patents are directly cited covering Midnight’s V‑tail, fuselage shape, and wing configuration. A utility patent concerning the flight control systems used to manage distributed electric propulsion and battery power for electric propulsion units in the tilt-wing eVTOL aircraft is also cited.
Eric Lentell, Archer’s chief strategy and legal officer said, “It’s obvious that Vertical’s Valo aircraft mimics many of Midnight’s most distinctive design features. 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.”
Domhnal Slattery, Vertical Aerospace’s chair said, “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.
“Our focus remains firmly on execution and certification. That is where sustainable value is created – and that is where we are leading.”
Vertical’s VX4 progresses to the Valo
Vertical Aerospace was founded in 2016 and is based in Bristol, UK. The company flight tested several prototypes before recently updating to its VX4 prototype to the Valo production design model.
The Valo is designed to fly up to 100 miles (160km) at speeds of 150mph (240km/h) and is targeting UK and US certification for Valo during 2028.
The VX4 prototype completed its first flight in July 2025 and by the end of the year had completed 10 flights. During these it demonstrated in-flight deployment and stow of the rear propellers, spin-up during wingborne flight, and prop-hold functionality.
Vertical is yet to perform a fully piloted transition from vertical to horizontal flight, a key milestone for eVTOL aircraft development.
According to Vertical it has around 1,500 pre-orders for the Valo from customers including American Airlines, Japan Airlines, GOL and Bristow.
Vertical also launched a US marketing and events campaign last month, which Archer said is “strikingly similar to the events” it held in New York and Miami last year.
Archer’s Midnight development
California-based Archer Aviation was founded in 2018 and was itself embroiled in a similar legal battle with competitor Wisk over design similarities and theft of trade secrets. The case was eventually settled in August 2023.
Archer is also involved in an ongoing legal dispute with USA-based eVTOL company Joby Aviation for alleged trade secret theft and corporate espionage.
The company developed and flight tested its Maker prototype before launching the design for Midnight in November 2022. The four-passenger Midnight also has a range of up to 100 miles (160km) a top speed of 150 mph (240km/h).
Archer had been aiming for FAA type certification by late last year, with commercial operations to start this year. The latest reports indicate the company plans to start certification flight testing with the FAA this year, with commercial operations to follow in the UAE and the USA soon after.
Archer has progressed rapidly through testing compared to Vertical Aerospace, for example achieving a high-speed transition in November 2024. For example, last August, Midnight completed a 55 mile (89km) flight in 31 minutes at speeds exceeding 126mph (203km/h).
According to Archer it has an order book with around $6 billion and has announced partnerships with United Airlines and Korean Air.
Infringement case progress
In a statement Archer Aviation said it believes copying stifles competition and that true innovation must be protected. “After years developing its VX4 aircraft, Vertical abandoned that design and unveiled a new aircraft, Valo, which is a visual mimic of the Midnight aircraft’s award-winning industrial design,” the company said.
Vertical Aerospace said, “Archer’s recent claims are without merit, and Vertical intends to defend those claims vigorously. The claims are merely an attempt to distract from Archer’s challenges competing in the marketplace.
“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.”
The US District Court for the Eastern District of Texas is expected to set the schedule for the case in the coming weeks.
