Archer Aviation said it has filed a patent infringement complaint against rival eVTOL developer Vertical Aerospace over its new Valo aircraft, claiming it illegally copies the Archer Midnight design.
The suit alleges Valo is a “visual mimic” of Midnight, said Archer’s spokesperson Kelly Law.
It claims Vertical Aerospace has infringed on at least two of Midnight’s design patents, “which protect the unique visual identity of Midnight’s V-tail, fuselage, and wing configurations,” Law said.
“Beyond aesthetics, the suit asserts that Vertical’s Valo aircraft infringes on one of Archer’s utility patents that covers critical flight control systems and ‘control allocation’ methods used to manage electric propulsion units and battery power on its tilting architecture.”
Vertical Aerospace rejected the allegations, saying they’re without merit.
“Archer’s claims are merely an attempt to distract from Archer’s challenges competing in the marketplace,” said Justin Bates, head of marketing communications for Vertical Aerospace.
“Vertical [Aerospace] has developed a robust aircraft design with a clear path to certification, underpinned by Vertical [Aerospace]’s proprietary and market-leading technology and international IP portfolio.”
The company “intends to defend those claims vigorously,” he said.
The complaint, filed in the Eastern District of Texas, overlaps with a planned Valo showcase in Miami from Feb. 24 to 25.
Vertical Aerospace has said it is working with operating and infrastructure partners to explore a network for its aircraft across South Florida.
It has positioned Miami as an “important gateway” to Latin America and the Caribbean.
“As electric aviation moves closer to commercialization, we are working with our customers and operating partners to deliver real-world connections that are faster, cleaner and designed around the passenger,” said Stuart Simpson, CEO of Vertical Aerospace, in a release last week.
Archer claims the Miami event, and an unveiling in New York City in January, are strikingly similar to events Archer held last year in the same cities.
“Vertical [Aerospace] has knowingly, willfully, and in reckless disregard leveraged and exploited the substantial goodwill and reputation associated with Archer’s patented designs,” the lawsuit states, according to Kelly Law.
“Vertical’s infringement is readily apparent from a visual comparison of the overall appearance of the Valo to Archer’s patented designs.”
Archer publicly unveiled its Midnight design in November 2022, featuring wide fixed wings, 12 rotors, and seating for one pilot and four passengers.
Valo has eight “tilt-shift propellers” and a fixed-wing design, with a cabin for up to six passengers. The company has not issued an official statement in response to the complaint.
Archer is no stranger to controversy. In late 2025, Joby Aviation sued the company in California state court, accusing it of misusing confidential information obtained from a former Joby employee. Archer rejected the allegations; a hearing was scheduled for March 2026.
