- Wisk Chief Engineer, after learning Archer’s design in
recruiting meeting, emails himself on his Wisk email specific
details of Archer’s plans and designs and also informs Wisk CEO and
CTO of what he learned and only afterwards Wisk files patent
application
- Comprehensive forensics investigation for any Wisk data proves
not a single confidential Wisk document exists at Archer
- Wisk fails to provide any evidence whatsoever—not a single
document, not a single witness, nothing—that Archer received or
used any Wisk trade secret
- Archer asks Court to deny Wisk’s request for Preliminary
Injunction
Add after last paragraph of release dated June 24, at 4:23 PM
ET: Forward Looking Statements
The updated release reads:
ADDING AND REPLACING ARCHER
AVIATION: WISK EMPLOYEES’ TESTIMONY AND DOCUMENTS
EVIDENCE THAT WISK FILED PATENT FOR AIRCRAFT DESIGN NEARLY
IDENTICAL TO ARCHER’S WEEKS AFTER LEARNING OF
ARCHER’S DESIGN
- Wisk Chief Engineer, after learning Archer’s design in
recruiting meeting, emails himself on his Wisk email specific
details of Archer’s plans and designs and also informs Wisk CEO and
CTO of what he learned and only afterwards Wisk files patent
application
- Comprehensive forensics investigation for any Wisk data proves
not a single confidential Wisk document exists at Archer
- Wisk fails to provide any evidence whatsoever—not a single
document, not a single witness, nothing—that Archer received or
used any Wisk trade secret
- Archer asks Court to deny Wisk’s request for Preliminary
Injunction
In court papers filed late last night by Archer Aviation Inc.
(“Archer”) in opposition to Wisk’s motion for a preliminary
injunction, Archer, citing Wisk employees’ testimony and documents
produced by Wisk in discovery, states that Wisk filed its aircraft
design patent application -- which as Wisk points out in its
lawsuit appears nearly identical to Archer’s -- weeks after
learning of Archer’s aircraft design. The filing says that Wisk’s
Chief Engineer learned of Archer’s aircraft design during an Archer
recruiting meeting in December 2019, shared that information with
senior executives at Wisk, and then weeks later, Wisk filed a
patent application for an aircraft design which appears nearly
identical to the one described to him by Archer executives. The
court filing goes on to state that Wisk subsequently used this
patent application as evidence of wrongdoing by Archer with both
criminal authorities and the court.
The court filing also states that despite Wisk’s claims to the
contrary, Archer is not the target of an FBI or Justice Department
criminal investigation and that an extensive forensic review of
Archer’s systems belies Wisk’s allegation that Archer has stolen
any of the documents that Wisk claims it did; the forensic review
showed that none of the allegedly stolen documents exist on Archer
employee Jing Xue’s Archer devices or any of Archer’s systems.
“Allegations of ‘brazen theft’ and ‘wholesale’ misappropriation
are gravely serious, and have serious consequences,” the filing
says. “At a minimum, such allegations demand serious evidence.
Wisk’s motion provides none, and should be denied.”
Wisk’s Patent Application Underlying
its Lawsuit Was Filed Weeks After Wisk Learned of Archer’s
Aircraft Design
The filing states, “Wisk fundamentally misrepresents the ‘facts’
on which it urges this Court to infer misappropriation, starting
with its central allegation that the similarity between Archer’s
aircraft and a design in Wisk’s patent application ‘could not have
been a coincidence’ and shows that Archer ‘ripped off wholesale’
Wisk’s design. Wisk plasters a side-by-side comparison throughout
its motion, claiming that it proves Archer’s misappropriation
because ‘Archer’s aircraft is inexplicably a copy of a design Wisk
submitted confidentially in a January 2020 patent application—more
than a year before Archer’s copycat design was revealed.”
“This is the centerpiece of Wisk’s motion (and media blitz), and
every aspect of it is a fraud. Wisk’s design was not even in any
document Xue downloaded. And Wisk’s claim that its application was
filed before Archer ‘revealed’ its design is a sleight of hand.
That is because Wisk knows—but does not tell the Court—that Wisk’s
application was filed after Archer developed its design. In fact,
Wisk’s application was filed after Archer disclosed its design to
Wisk.”
“On December 9, 2019, Archer’s founders told Wisk’s chief
engineer about the aircraft designs Archer was developing,
including tilted rotors on a fixed wing. Wisk’s engineer reported
Archer’s plans to Wisk’s CEO and CTO; days later, Wisk ... quickly
filed an application that included the very designs Archer had
disclosed to Wisk. Wisk mentions none of these admitted facts that
conclusively disprove Wisk’s claim of copying, and show that if
there is a ‘copycat design’ here, it is not Archer’s aircraft. Yet,
Wisk uses the application it created after Archer’s disclosure and
including Archer’s design as a litigation and media prop to falsely
accuse Archer of theft.”
The court filing also states, “Tom Muniz, who was the Vice
President of Engineering for Wisk and predecessor entities from May
2017 to December 2019 and now works for Archer, has testified that
at the time he left Wisk he ‘was unaware of any development project
or efforts by Wisk for a tilting rotor aircraft of any
configuration.’”
Forensics Investigation Shows Archer Does
Not Have A Single Confidential Wisk Document Wisk Has No Evidence
Xue Retained a Single Document
Archer’s filing states, “Wisk’s motion is predicated on
downloads by former Wisk employee, Jing Xue. But Wisk admits that
it has no evidence that Xue retained even a single document, let
alone brought any to Archer. Wisk ominously claims that ‘Archer’s
agent Xue stole thousands of Wisk’s files,’ but Xue downloaded
files to his work computer while at Wisk, and Wisk does not even
allege that the downloads were improper or outside the scope of his
work. Instead, Wisk speculates that Xue may have downloaded files
for an improper purpose, and then copied files to a USB drive
(though Wisk’s forensics expert admitted there is no evidence), and
then retained those files after certifying in writing that he did
not, and then brought those files to Archer, and then shared those
files with Archer, which then used them to build its aircraft.
Literally no evidence exists for any of these assumptions, all of
which are necessary to Wisk’s motion. Wisk’s motion is based on
rank speculation about what Xue might have done if he were a thief,
as Wisk recklessly assumes and publicly declares.”
“More importantly, regardless of Xue’s conduct, this case is
against Archer, and there is not a shred of evidence—literally
nothing—that Archer received or used any Wisk confidential
information at any time about anything. Archer has provided
overwhelming, undisputed evidence (sworn declarations and
documents) establishing the independent development of its
aircraft. Archer conducted an exhaustive forensics investigation
for any Wisk data (including all files Xue allegedly downloaded)
and determined that not a single confidential Wisk document exists
at Archer.”
Later the filing states, “In Xue’s exit interview at Wisk on
January 10, 2020, Carlie Russell—the Wisk Senior People
Person—asked Xue to sign a termination agreement confirming he was
not retaining any Wisk proprietary information, but Xue advised
Russell that he could not yet do so because he still had some Wisk
files on his personal devices. Russell later emailed Xue and asked
him to confirm that ‘all items have been returned and/or removed
from [his] personal devices and accounts.’ Xue did exactly that,
confirming that, ‘[a]s instructed, all items have been returned
and/or removed.’ Xue then signed the termination agreement and
Russell was ‘satisfied’ that Xue had done what she asked and ‘had
no reason to believe that he hadn’t upheld his obligation.”
Wisk Provides No Evidence Whatsoever—Not a
Single Document, Not a Single Witness, Nothing—That Archer Received
or Used Any Wisk Trade Secret
The filing states, “Wisk provides no evidence whatsoever—not a
single document, not a single witness, nothing—that Archer received
or used any Wisk trade secret. Archer independently developed its
aircraft, working with leading eVTOL consultants and a world-class
team of engineers; Archer did not need, did not have, and did not
use, anything from Wisk—and there is not one iota of evidence to
the contrary. Instead, Wisk’s motion is suffused from top to bottom
with misdirection and misrepresentations that preclude the
equitable relief it seeks.”
To read the full text of Archer’s most recent court filing and
supporting evidence, click here.
About Archer
Archer’s mission is to advance the benefits of sustainable air
mobility. Archer’s goal is to move people throughout the world’s
cities in a quick, safe, sustainable, and cost-effective manner.
Archer is designing and developing electric vertical takeoff and
landing (eVTOL) aircraft for use in Urban Air Mobility 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
Forward Looking Statements
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 and Atlas Crest’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 or that the approval of the stockholders of Atlas Crest
or Archer is not obtained; 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; the amount of redemption requests
made by Atlas Crest’s public stockholders; the ability of Atlas
Crest or the combined company to issue equity or equity-linked
securities in connection with the proposed business combination or
in the future, and those factors discussed in Atlas Crest’s final
prospectus filed on October 29, 2020, and Quarterly Report on Form
10-Q for the quarter ended September 30, 2020, in each case, under
the heading “Risk Factors,” and other documents of Atlas Crest
filed, or to be filed, with the Securities and Exchange Commission
(“SEC”). 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 neither Atlas Crest nor Archer
presently know or that Atlas Crest and Archer currently believe are
immaterial that could also cause actual results to differ from
those contained in the forward-looking statements. In addition,
forward-looking statements reflect Atlas Crest’s and Archer’s
expectations, plans or forecasts of future events and views as of
the date of this press release. Atlas Crest and Archer anticipate
that subsequent events and developments will cause Atlas Crest’s
and Archer’s assessments to change. Readers are cautioned not to
put undue reliance on forward-looking statements, and Atlas Crest
and Archer assume no obligation and do not intend to update or
revise these forward-looking statements, whether as a result of new
information, future events, or otherwise. Neither Atlas Crest nor
Archer gives any assurance that either Atlas Crest or Archer will
achieve its expectations.
View source
version on businesswire.com: https://www.businesswire.com/news/home/20210624006002/en/
Sitrick And Company Los Angeles Mike Sitrick
mike_sitrick@sitrick.com Terry Fahn (310) 614-9995
terry__fahn@sitrick.com New York Rich Wilner (917) 952-8023
Rwilner@sitrick.com
Archer Louise Bristow (818) 398-8091
louise.bristow@archer.com