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Archer Sues Vertical Aerospace, Alleging Valo Copies Patented Midnight Design

The Texas case tests whether design-plus-control patents will influence the eVTOL race toward certification.

Overview

  • Archer filed the patent complaint on February 23, 2026, in the U.S. District Court for the Eastern District of Texas.
  • The suit cites two U.S. design patents covering Midnight’s exterior (D1,062,878 and D1,067,164) and a utility patent on control allocation for distributed electric propulsion (U.S. 11,945,597).
  • Archer seeks monetary damages and an injunction that could bar Vertical from using the disputed designs and technology in Valo.
  • Vertical Aerospace rejects the allegations as without merit, asserting Valo was developed independently and is supported by its own global IP portfolio.
  • The clash comes as Archer advances U.S. operations with key FAA certificates and city showcases, while Vertical targets EASA and UK type certification by 2028 and has promoted Valo in New York City and Miami.