August 24, 2021 | Federal Court Issues Detailed Order Confirming Archer Preliminary Injunction Win

Court Says: 

  • “Wisk mischaracterizes—really, invents—the evidence.”
  • “Wisk’s contortion of the record is not well taken” and Wisk’s theory of the case does not “add up”
  • “Wisk’s silence about any connection between the files, a trade secret, and use of that trade secret in the Maker...is telling. Presumably, if Wisk had other evidence that anything from those files made its way into the Maker, it would trumpet it. "
  • “Wisk’s evidence is not sufficient to show a likelihood of success”

A federal court today issued an order explaining in detail why it previously denied Wisk’s motion for a preliminary injunction. “Despite getting robust early discovery, including access to engineering documents, Wisk was not able to demonstrate that any of its particular asserted trade secrets was misappropriated” said the federal court. The order goes on to say that Wisk “invents-the evidence”, “Wisk’s contortion of the record is not well taken”, and that Wisk presents a “chimera-like argument” in its pleadings and oral arguments. We are very pleased with the Court’s finding that “Wisk has not shown that it is likely that Archer misappropriated its trade secrets.”  

What is clear from today’s order is that the Court conducted a thorough analysis of the evidence in arriving at its conclusions. The order only reinforces what we have been saying all along -- that Wisk's claims are nothing more than an attempt to stifle competition. 

The Court also addressed two other procedural matters that do not speak to the merits of the case. We will continue to fight back on behalf of our employees, our supporters, and our vision for the future of urban air mobility. We very much look forward to continuing to prevail in court and to holding Wisk accountable for its anti competitive actions.