Archer Aviation Files Patent Infringement Complaint Against Vertical Aerospace

AeroMorning Feb. 24, 2026

Boston & UK – 23 February 2026 — Archer Aviation has filed a patent infringement lawsuit in the U.S. District Court for the Eastern District of Texas against Vertical Aerospace, alleging that Vertical’s new Valo eVTOL aircraft unlawfully copies key design elements from Archer’s own Midnight aircraft.

Archer’s complaint ((Docket / Case Number : 2:26‑cv‑00149 U.S. District Court for the Eastern District of Texas)claims that Vertical’s Valo aircraft “mimics” the visual and functional characteristics of Midnight, including its V‑tail, fuselage shape, and wing configuration, by infringing on multiple U.S. patents granted to Archer.

The lawsuit specifically cites at least two design patents (U.S. Patent Nos. D1,062,878 and D1,067,164) that protect the distinctive industrial design of Midnight, as well as one utility patent (U.S. Patent No. 11,945,597) covering flight control systems used to manage distributed electric propulsion and battery power across electric propulsion units.

According to Archer, Vertical’s Valo “overall visual impression” is so similar to Midnight’s patented design that an ordinary observer could reasonably confuse the two, which the filing argues constitutes clear infringement under U.S. patent law. The complaint states that Vertical has “knowingly, willfully, and in reckless disregard” exploited Archer’s patented designs and the goodwill associated with them.

Archer also notes that Vertical’s promotional events for Valo in cities such as New York and Miami bear striking resemblance to Archer’s own showcase events, suggesting the rival company is deliberately positioning Valo to ride on the reputation built by Archer’s Midnight program.

The legal action comes as competition intensifies in the emerging electric vertical takeoff and landing (eVTOL) market, where companies are vying for regulatory certification, investment, and partner deals ahead of commercial operations.

Vertical Aerospace has not issued a public response to the complaint as of publication.