The Mercury News

Electric aircraft startup accuses rival of stealing trade secrets

- By Lauren Hirsch and Niraj Chokshi

The age of electric planes may still be years away, but the fight for that market is already heating up.

Wisk Aero, a startup developing an electric aircraft that takes off like a helicopter and flies like a plane, on Tuesday sued another startup, Archer Aviation, accusing it of stealing trade secrets and infringing on Wisk’s patents.

The lawsuit brings into public view a dispute between two littleknow­n companies in a business that has become a playground for billionair­es. It also entangles giants of aviation and technology. Wisk is a joint venture of Boeing and Kitty Hawk, which is financed by Larry Page, who co-founded Google. Archer’s investors include United Airlines, which is a major Boeing customer and plans to buy up to 200 aircraft from the startup.

The niche market for electric vehicles and planes has become frenzied in recent months as so-called blank-check companies, which have little more than a stock market listing and a pot of cash, have snapped up fledgling businesses with little or no revenue, let alone profits. Investors in the blankcheck firms formally known as special purpose acquisitio­n companies, or SPACs are hoping to acquire businesses that they believe could follow Tesla’s recent trajectory on the stock market. To entice those investors, startups such as Archer promise top-notch technology and optimistic business plans.

In its lawsuit, Wisk contends the intellectu­al property that

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Archer promoted as part of its merger was stolen by engineers the company hired from Wisk.

Filed in U.S. District Court for the Northern District of California, the lawsuit accuses two engineers of downloadin­g thousands of files containing confidenti­al designs and data before leaving Wisk to join Archer. Wisk accused a third engineer of wiping history of his activities from his computer before leaving for Archer.

“Wisk brings this lawsuit to stop a brazen theft of its intellectu­al property and confidenti­al informatio­n and protect the substantia­l investment of resources and years of hard work and effort of its employees and their vision of the future in urban air transporta­tion,” the lawsuit says.

Archer denied wrongdoing.

“It’s regrettabl­e that Wisk would engage in litigation in an attempt to deflect from the business issues that have caused several of its employees to depart,” Archer said in a statement. “The plaintiff raised these matters over a year ago, and after looking into them thoroughly, we have no reason to believe any proprietar­y Wisk technology ever made its way to Archer. We intend to defend ourselves vigorously.”

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