Vertical takes aim at Archer with patent infringement claim

Air taxi developer’s move is a response to legal action from US rival.
UK-headquartered Vertical Aerospace has responded to its ongoing legal fight with Archer Aviation by countersuing its US rival, claiming a patent infringement related to the thermal management of its propulsion system.

Archer initiated legal proceedings against Vertical in February, claiming that the competitor’s Valo eVTOL aircraft infringes three Archer patents – two related to the design of its Midnight aircraft and one to its flight-control system.

Vertical denies those claims, previously branding them “threadbare allegations”.

But in its latest response, disclosed in a stock exchange notification, Vertical says it filed the patent-infringement counterclaim on 6 October, “alleging that Archer Aviation’s electric vertical take-off and landing (eVTOL) Midnight aircraft infringes one or more claims” of Vertical’s patent.

Vertical lists US patent number 12,747,027 as the basis for its claim – a patent that was only granted on 29 September, records indicate. It relates to the thermal management of the electric propulsion units (EPUs), and how air moves through a heat-exchanger that forms part of the overall system.

Vertical says its cooling system design allows it to meet the cooling challenges posed by vertical and horizontal flight regimes and their different airflow characteristics.

During forward flight, the aircraft can use the “ram” air produced for cooling, but that flow is not available during vertical take-off, landing or hovering, “which causes a thermal management problem”, its claim states.

“To address this problem, Vertical developed a solution that directs airflow generated by a propulsor to a heat exchanger that thermally regulates the propulsor’s drive system.

“By harnessing airflow that the aircraft already produces, Vertical’s invention can reduce or eliminate the need for separate cooling equipment, thereby reducing power consumption, complexity and weight.”

Vertical alleges that Archer’s EPU design draws air over and into the heat exchanger, “thereby helping cool, at least part of, the drive system”. That flow, along with ram air, is also directed through a duct towards the heat exchanger.

Archer denies the allegations.

“Vertical’s counterclaim is without merit and doesn’t change the facts of this case,” says Archer chief strategy officer Eric Lentell. “Archer brought this action to stop Vertical from copying Midnight’s patented design and technology in its aircraft, and we remain confident in our claims.”

Both the Valo and Midnight aircraft use a similar layout of tilting rotors at the front of the aircraft with a bank of fixed rotors at the rear.

Vertical says its patent precludes Archer from using such a cooling system in its aircraft.

“Archer has not obtained a license or any other authorisation from Vertical to use the patent,” it states.

Vertical is claiming damages from Archer for the patent infringement and additionally requests a “permanent injunction” preventing its rival from using the design.

“We will take decisive action to protect our proprietary technology while advancing Valo towards certification and commercialisation, and continue to robustly defend Archer’s claims, which are without merit,” it adds.

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