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Judge denies Wisk’s motion for preliminary injunction against Archer

Judge finds Wisk’s evidence too uncertain and equivocal 

PALO ALTO, Calif, July 22, 2021 – A federal judge in San Francisco today denied Wisk’s request for a preliminary injunction against rival Archer. The court determined that Wisk failed to make its case -“Wisk has not shown a likelihood of success on the merits that defendant Archer Aviation Inc. has misappropriated its particular asserted trade secrets.” Click here to read the ruling. The ruling reinforces what Archer has said all along--Wisk did not have a good faith basis to bring this lawsuit and did not file the litigation to defend or protect any legitimate intellectual property rights. 

“The record makes it clear that Wisk has provided no evidence—not a single document, not a single witness—that Archer ever received or used any Wisk trade secret,” Archer’s Deputy General Counsel, Eric Lentell said. “Wisk’s charges of massive theft are based entirely on conspiracy theories and outright misrepresentations of the actual record.”

“Contrary to the story Wisk crafted, the evidence in this case has also made it clear that Archer, with input from its outside expert design consultant, evaluated and selected the 12-tilt-6 design of its Maker demonstrator aircraft independently, and well in advance of any effort by Wisk to develop a similar eVTOL aircraft,” he said. “Indeed, Wisk evidenced no interest in developing such an aircraft until after learning about Archer’s design in an Archer recruiting meeting in December 2019. Then Wisk rushed to file a provisional patent application that depicted but did not claim to have invented the 12-tilt-6 configuration that Archer disclosed to it.  Wisk argued—to both law enforcement authorities and the Court—that the patent application provided evidence of wrongdoing by Archer. But the court’s ruling today rejected that argument, holding instead that “Wisk has not shown a likelihood of success on the merits that defendant Archer Aviation Inc. has misappropriated its particular asserted trade secrets.”  Wisk’s evidence was “too uncertain and equivocal.”

Mr. Lentell continued, “What is equally clear is that Wisk’s nefarious attempts to paint their former engineer Dr. Jing Xue as the poster child for the covert theft of Wisk's trade secrets have failed on all accounts. The reality couldn’t be further from the truth.” 

“The goal of Boeing-backed startup Wisk, with its lawsuit has always been an improper and malicious attempt to disrupt Archer’s momentum, as a means to compensate for its own lack of success. Wisk has lacked a focus on bringing to market aircraft that were commercially viable. 

Recognizing that Archer and others were intent on making eVTOL aircraft a reality of urban transportation, Wisk is now abusing the judicial and criminal justice system in hopes that a court can help Wisk slow down the pace of innovation while Wisk struggles to keep up. At a time when our President is taking aim at just these kinds of anti-competitive tactics by big business, we find this deeply disturbing,” Mr. Lentell added.  “We will continue to vigorously defend Archer and our employees against these baseless allegations.”

For Media:
Louise Bristow  Louise.Bristow@archer.com 

The information in this press release includes “forward-looking statements” within the meaning of the “safe harbor” provisions of the United States Private Securities Litigation Reform Act of 1995. Forward-looking statements may be identified by the use of words such as “estimate,” “plan,” “project,” “forecast,” “intend,” “will,” “will be,” “will continue,” “will likely result,” “would,” “expect,” “anticipate,” “believe,” “seek," “target,” “strategy,” “future,” “opportunity,” “may,” “should,” or other similar expressions that predict or indicate future events or trends or that are not statements of historical matters. Forward-looking statements are predictions, projections and other statements about future events that are based on current expectations and assumptions and, as a result, are subject to risks and uncertainties. These forward-looking statements include, but are not limited to, statements regarding estimates and forecasts of financial and performance metrics, projections of market opportunity, market share and timeline, expectations and timing related to commercial product launches, expectations regarding potential proceeds from the transaction; Archer’s ability to complete the commercial relationship with United and ultimately deliver and sell aircraft to United under the agreements, Archer eVTOL aircraft’s ability to reduce carbon emissions, potential benefits of the transaction and the potential success of Archer’s go-to-market strategy, and expectations related to the terms and timing of the transaction. These statements are based on various assumptions, whether or not identified in this press release, and on the current expectations of Archer’s management and are not predictions of actual performance. These forward-looking statements are provided for illustrative purposes only and are not intended to serve as, and must not be relied on by any investor as, a guarantee, an assurance, a prediction or a definitive statement of fact or probability. Actual events and circumstances are difficult or impossible to predict and will differ from assumptions. Many actual events and circumstances are beyond the control of the Company. These forward-looking statements are subject to a number of risks and uncertainties, including the early-stage nature of Archer’s business and its past and projected future losses; Archer’s ability to manufacture and deliver aircraft and its impact on the risk of investment; Archer’s dependence on United Airlines for its current aircraft orders and development process, and the risk that United Airlines cancels its contracts with Archer; risks relating to the uncertainty of the projections included in the model; the effectiveness of Archer’s marketing and growth strategies, including its ability to effectively market air transportation as a substitute for conventional methods of transportation; Archer’s ability to compete in the competitive urban air mobility and eVTOL industries; Archer’s ability to obtain expected or required certifications, licenses, approvals, and authorizations from transportation authorities; Archer’s ability to achieve its business milestones and launch products on anticipated timelines; Archer’s dependence on suppliers and service partners for the parts and components in its aircraft; Archer’s ability to develop commercial-scale manufacturing capabilities; regulatory requirements and other obstacles outside of Archer’s control that slow market adoption of electric aircraft, such as Archer’s inability to obtain and maintain adequate facilities and Vertiport infrastructure; Archer’s ability to hire, train and retain qualified personnel; risks related to Archer’s Aerial Ride Sharing Business operating in densely populated metropolitan areas and heavily regulated airports; adverse publicity from accidents involving aircraft, helicopters or lithium-ion battery cells; the impact of labor and union activities on Archer’s work force; losses resulting from indexed price escalation clauses in purchase orders and cost overruns; regulatory risks related to evolving laws and regulations in Archer’s industries; the impact of the COVID-19 pandemic on Archer’s business and the global economy; the inability of the parties to successfully or timely consummate the proposed business combination, including the risk that any required regulatory approvals are not obtained, are delayed or are subject to unanticipated conditions that could adversely affect the combined company or the expected benefits of the proposed business combination; a decline in Archer’s securities following the business combination if it fails to meet the expectations of investors or securities analysts; Archer’s inability to protect intellectual property rights from unauthorized use by third parties; Archer’s need for and the availability of additional capital; cybersecurity risks; the dual class structure of Archer’s common stock, which will limit other investors’ ability to influence corporate matters; . If any of these risks materialize or if the Company’s assumption prove incorrect, actual results could differ materially from the results implied by these forward-looking statements. There may be additional risks that Archer does not presently know or that Archer currently believes are immaterial that could also cause actual results to differ from those contained in the forward-looking statements. In addition, forward-looking statements reflect Archer’s expectations, plans or forecasts of future events and views as of the date of this press release. Archer anticipate that subsequent events and developments will cause Archer’s assessments to change. Readers are cautioned not to put undue reliance on forward-looking statements, and Archer assumes no obligation and does not intend to update or revise these forward-looking statements, whether as a result of new information, future events, or otherwise. Archer gives no assurance that Archer will achieve its expectations.

On February 10, 2021, Archer entered into a Business Combination Agreement with Atlas Crest Investment Corp. (“Atlas”) and Artemis Acquisition Sub Inc.

Judge denies Wisk’s motion for preliminary injunction against Archer and finds Wisk’s evidence too uncertain and equivocal.

Archer Wins; Defeats Wisk’s Motion for Preliminary Injunction

Ellithorpe and Burks bring decades of manufacturing experience, respectively, as innovative eVTOL company prepares for aircraft manufacturing

As Vice President of Program Management, Ellithorpe will bring experience managing executives within the manufacturing businesses to help keep Archer’s leading engineering team on track for commercial launch.


After decades of directly managing the entire aircraft development life cycle at Bell Flight, Burks will use his robust aerospace background to manage high-volume manufacturing   


Ellithorpe and Burks round out Archer’s industry-leading manufacturing team that will bring an electric vertical takeoff and landing (eVTOL) aircraft to market, ushering in a new era of sustainable travel.

PALO ALTO, CA., July 20, 2021 - California-based Archer, a company designing and developing electric vertical takeoff and landing aircraft (eVTOL), today announced two new hires: Bob Ellithorpe has joined the company as Vice President of Program Management and Glen Burks has joined as Vice President of Manufacturing. In his role, Ellithorpe will oversee the development and production of Archer’s commercial eVTOL aircraft. Similarly, Burks will strengthen Archer’s core manufacturing team as the company works through planning to bring its eVTOL aircraft to market. 

As Archer prepares for high volume production, Ellithorpe will focus on bringing the eVTOL aircraft to market in 2024. With extensive aerospace management experience, Ellithorpe will play a vital role in the product management process as Archer works towards certification and commercial flight. The addition of these two seasoned leaders will augment the team's collective 350+ years of expertise and help usher in the next age of affordable, sustainable transportation. 

Previously, Ellithorpe was President and CEO for Tribus Aerospace Organization, where he added to his executive experience earned in the Aerospace and Defense industry with P&L experiences in CEO, GM, and PM roles in several manufacturing businesses. Prior to Tribus Aerospace Organization, Ellithorpe served 13 years in the U.S. Marine Corps, and spent subsequent years in various management roles within the aviation and defense space. 

“My whole life, I have loved being at the forefront of aerospace production, and the eVTOL industry is poised to lead the next transportation revolution,” said Bob Ellithorpe. “I’m eager to start my next chapter in manufacturing at Archer, working to bring the future of sustainable travel to market and transform urban mobility.”

In his role, Burks will focus on leading the manufacturing efforts that come with creating a certified, commercial airline. Burks’ decades-long experience in manufacturing will continue elevating Archer's ongoing engineering efforts. Along with the recent hiring of the new VP of Engineering Dave Dennison, Burks will also help lead Archer’s team to a safe, sustainable eVTOL aircraft. 

Burks previously served as Head of Quality for Triumph Group, an aerospace company valued at $2.9B. He directly led 766 aerospace professionals across 37 sites within the US, Europe, and Asia. Prior to Triumph Group, he spent 17 years with Bell Flight serving in progressive leadership roles within manufacturing and quality. Burks started his aviation career in the United States Marine Corps working on FA-18 & AH1W/UH1N aircraft. 

“Throughout my career, I’ve been hands-on in aircraft manufacturing and production. I am excited to bring my experience to Archer and work with the best and brightest eVTOL talent,” said Glen Burks. “Archer will bring forth an unrivaled travel experience and increased urban accessibility. I am ecstatic to take part in the manufacturing efforts making this new age of exploration a reality.”  

“We are thrilled to watch our team continue to grow and work towards eradicating traffic and carbon emissions in the world’s biggest cities,” said Brett Adcock, Archer co-founder and co-CEO. “By expanding our manufacturing team, we're one step closer to bringing accessible eVTOL flight to the masses and allowing mankind to take to the skies.” 

“Bob and Glen collectively bring over 50 years of experience to our production team. The importance of aircraft manufacturing is unchallenged, and we know their robust backgrounds will elevate Archer as we work towards our commercial launch,” added Adam Goldstein, Archer co-founder and co-CEO. “In welcoming them to the Archer team, we continue to harness the brightest minds in the aviation industry to usher in the next era of discovery and connection.”

Burks and Ellithorpe join Archer’s leadership team during a year of sustained momentum for the company. Last month, Archer unveiled its inaugural aircraft, Maker, live in Los Angeles and worldwide to livestream audiences. 2021 has seen Archer announce two city partnerships in Los Angeles and Miami and a strategic partnership with Stellantis. The company also announced a definitive agreement with United Airlines, the first of its kind for an eVTOL company, for $1 billion of Archer's aircraft, with an option for an additional $500 million of aircraft. Archer remains on track to complete a merger with Atlas Crest Investment Corporation (NYSE: ACIC) that will unlock $1.1 billion to fund Archer’s growing team and plans for flight testing and an R&D facility in 2021 and beyond.

Now, the company’s focus is geared towards certification and its commercial launch in just three years time. Continue to follow along with Archer’s journey via www.archer.com.

Archer’s mission is to advance the benefits of sustainable air mobility. Archer is creating the world’s first electric airline that moves people throughout the world's cities in a quick, safe, sustainable, and cost-effective manner. As the world’s only vertically integrated airline company, Archer is designing, manufacturing, and operating a fully electric vertical takeoff and landing aircraft that can carry passengers for 60 miles at speeds of up to 150 mph while producing minimal noise. Archer's team is based in Palo Alto, CA. To learn more, visit www.archer.com.

Archer Expands Industry-Leading Engineering Team, Hiring Bob Ellithorpe as Vice President of Program Management and Glen Burks as Vice President of Manufacturing

Ellithorpe and Burks bring decades of manufacturing experience, respectively, as innovative eVTOL company prepares for aircraft manufacturing.

Today, we filed an additional brief opposing Wisk’s motion for a preliminary injunction. The filing makes it clear that Wisk has provided no evidence whatsoever—not a single document, not a single witness—that Archer ever received or used any Wisk trade secret, because, in fact, Archer never has. Instead, Wisk continues to level grave charges of massive theft based entirely on conspiracy theories and outright misrepresentations of the actual record. We will continue to vigorously defend Archer and our employees against these baseless allegations.

Wisk has provided no evidence whatsoever—not a single document, not a single witness—that Archer ever received or used any Wisk trade secret, because, in fact, Archer never has.

Our Latest Filing in the Wisk Litigation

Wisk has provided no evidence whatsoever—not a single document, not a single witness—that Archer ever received or used any Wisk trade secret, because, in fact, Archer never has. Read More.

Urban living is on the upswing. By 2050, the UN projects that over 70% of the world’s population will live in cities. For seasoned city dwellers, this influx of neighbors may conjure traffic concerns. After all, we all have experience with nightmarish traffic jams and painstaking commutes. While it's exciting to see our communities flourish, the truth is, the current infrastructure of our cities is unable to handle this kind of growth and we, as humans, are not equipped to handle the ramifications of continuously clogged roadways. This makes urban air mobility an essential part of our future as a society.

While there are certainly upsides to growing cities, they undoubtedly come with a cost. Increased traffic congestion exposes us to higher levels of pollution and, as a result, a climbing mortality rate. And, while nobody likes to sit in traffic, a study from the United States Politics and Policy actually revealed that long commute times lead to a lowered quality of life for urbanites.  

There is also an economic element to consider: time spent stuck in traffic is money lost. A gridlocked trip from Manhattan to JFK could be the equivalent of meetings missed, deals not closed, work not delivered. Simply put, time wasted in traffic directly reduces the productivity of a city’s population. From a local government perspective, a booming population accelerates the need for more robust transportation infrastructure. Unfortunately, expanding our roads and highways may not be possible when working with limited two-dimensional space, not to mention additional downsides associated with traditional infrastructure projects like slow implementation and high costs.

While growing populations raise significant challenges, they also create the opportunity to rethink our transportation networks and our relationships with travel. The way we see it, if the ground is overcrowded, there’s no place to go but up. At Archer, we believe that creating a 3D transportation model through urban air mobility (UAM) is the only viable solution when it comes to innovating our current 2D infrastructure world. 

By creating a set of highways in the sky using existing and/or retrofitted heliport infrastructure and landing pads, UAM can safely transport both people and cargo at low altitudes through cities and suburbs at a rate 10x faster than a car. Because UAM is set to solve such a massive problem, the industry is poised for growth as well, predicted by Morgan Stanley to be worth $1.5 trillion by the year 2040.

Beyond the time, money, and frustration saved by taking an elevated route, Archer’s specific all-electric approach has a few other incredible benefits: we provide an environmentally friendly solution that helps solve two major global challenges at the same time - growing urban gridlock and climate change.

While we are building our aircraft to be emissions free, our commitment runs much deeper. Sustainability touches everything from the materials and processes used in manufacturing to the facilities that will house our engineering and production. It’s even a factor when it comes to the companies we partner with.  

That is why we are thrilled to be working with United as both an investor and our first customer. United has made it clear to the public their dedication to decarbonization as the first airline to commit to reducing its GHG emissions by 50% by 2050. Our goal for Archer is to be a catalyst for change in sustainable innovation across the entire travel industry and, with United on board, we know that can be accomplished.

It’s clear that a change must be made in order for our transportation capabilities to scale alongside cities. What’s also clear is that UAM is necessary, not only for a more sustainable future, but for one in which we can finally break free from traffic and create more accessible and efficient cities. Archer looks forward to taking to the skies and ushering in the next age of travel.

While it's exciting to see our communities expand, the current infrastructure of our cities is unable to handle this kind of growth

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