Vertical Aerospace Ltd. issued a formal statement on February 25, 2026, defending itself against a patent‑infringement complaint that Archer Aviation filed in the U.S. District Court for the Eastern District of Texas on February 23, 2026.
The complaint cites three U.S. patents—design patents U.S. Patent No. D1,062,878 and U.S. Patent No. D1,067,164, and a utility patent U.S. Patent No. 11,945,597—and alleges that Vertical’s Valo eVTOL aircraft copies the fuselage and wing configurations, the “V” tail design, and the actuation architecture that Archer claims are protected by those patents.
Vertical Aerospace Chairman Domhnal Slattery 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.” He added, “Archer's recent claims are without merit, and Vertical intends to defend those claims vigorously. 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. Archer's claims are merely an attempt to distract from the challenges Archer is facing competing in the marketplace.”
Archer Aviation Chief Strategy and Legal Officer Eric Lentell countered, “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 an desperate attempt to copy a leader in the sector.”
The lawsuit follows the hiring of former Vertical head of engineering Dr. Limhi Somerville by Archer shortly before the complaint was filed, and it comes after Archer’s prior legal disputes with Wisk over design similarities and an ongoing dispute with Joby Aviation. Vertical had been flight‑testing the VX4 prototype, but the Valo variant is the aircraft intended for certification and market entry.
The case underscores the strategic importance of intellectual property in the emerging eVTOL market. A successful injunction could delay Vertical’s certification and market launch, while a dismissal would reinforce Vertical’s independent design claims and potentially weaken Archer’s competitive position. The legal battle also highlights the broader trend of aggressive IP litigation among eVTOL players as they vie for first‑mover advantage.
No immediate market reaction has been reported following the filing or the response, but the outcome of the litigation could influence investor sentiment and the competitive dynamics of the sector.
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