MOUNTAIN VIEW, Calif., July 22,
2021 /PRNewswire/ -- Wisk Aero, a leading Urban Air Mobility
(UAM) company and developer of the first all-electric, self-flying
air taxi in the U.S., today issued a statement regarding its
lawsuit against Archer Aviation.
[Judge Orrick] today again acknowledged "arguable indications of
misappropriation" by Archer.
Judge Orrick stated in a hearing yesterday that Wisk "has many
reasons that make it suspect there is a problem here" and today
again acknowledged "arguable indications of misappropriation" by
Archer. Today's decision regarding preliminary relief has no
bearing on the outcome of the case and does not exonerate Archer in
the least. We are in the very early stages of a long legal process,
with in-depth evidence-gathering now to begin, and we fully intend
to hold Archer accountable at trial.
From our very limited discovery to date, the evidence that has
already been uncovered includes:
- An engineer downloaded thousands of files shortly before
leaving Wisk to join Archer. When cross-examined about the files
(what files he took, what use he made of them, and whether he still
has access to them), that engineer pleaded the Fifth Amendment due
to a pending federal criminal investigation
- Wisk confidential files/IP have been found in the possession of
other Archer employees
- Archer's SPAC sponsor, Atlas Crest Investment Corp. (NYSE:
ACIC), admitted in its July 1 amended
S-4 that Archer and three of its employees received grand jury
subpoenas from the United States
Attorney's Office for the Northern District of California
- Archer claims to have created the conceptual design for its
aircraft, including all of the subsystems, in only seven weeks -
that short period is unheard of, according to outside aviation
experts
- Expert testimony shows Wisk's trade secrets pervade Archer's
aircraft development
- Archer's aircraft design was called 'cora + tilt' – 'Cora'
being a reference to Wisk's well publicized, fifth-generation
aircraft
We brought this lawsuit based on strong indications of theft and
use of Wisk's IP, and the initial limited evidence gathered through
the court process to date only confirms our belief that Archer's
misappropriation of Wisk's trade secrets is widespread and pervades
Archer's aircraft development. Following today's ruling, Wisk will
be allowed to begin collecting evidence in earnest. We will follow
the evidence to where it leads, and stand firm in our years-long
commitment to pursuing eVTOL development the right way -- guided by
innovation, integrity and trust.
We have an obligation to protect our talented team's hard work,
and a duty to help ensure the responsible development of the
industry we helped to create. We are confident in our position and
the evidence uncovered thus far and look forward to the next stages
of the case.
Wisk filed suit against Archer in April
2021. The lawsuit includes claims for patent infringement,
as well as misappropriation of trade secrets that span a range from
aircraft, component and system designs to manufacturing and test
data. Following today's ruling on Wisk's request for a preliminary
injunction, the case will now move to further evidence discovery
and then trial. We intend to vigorously pursue the case in court. A
date for the trial has not yet been set.
ABOUT WISK
Wisk is an urban air mobility company dedicated to delivering
safe, everyday flight for everyone. Wisk's self-flying, eVTOL
(electric vertical takeoff and landing) air taxi, will make it
possible for passengers to skip the traffic and get to their
destination faster. Based in the San
Francisco Bay Area and New
Zealand, Wisk is an independent company backed by The Boeing
Company and Kitty Hawk Corporation. With over a decade of
experience and over 1500 test flights, Wisk is shaping the future
of daily commutes and urban travel, safely and sustainably.
For more information, visit wisk.aero.
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SOURCE Wisk Aero