Electric air taxi maker Archer hits back at Joby in countersuit alleging concealed Chinese ties

Source: TechCrunch

Archer Aviation’s Counterclaim Against Joby Aviation

Electric air‑taxi developer Archer Aviation responded to a lawsuit on Monday with its own counterclaims, alleging that rival Joby Aviation defrauded the U.S. government and competitors by falsely presenting itself as an American‑made company.

The counterclaim, filed in federal court, asserts that Joby relied on a Chinese manufacturing subsidiary to source critical components from Chinese suppliers with Chinese government support. Archer further alleges that Joby tried to conceal its “deep ties” to China by misclassifying thousands of pounds of Chinese‑origin aircraft materials as consumer goods—labeling them as hair clips, socks, and photo albums—to evade U.S. tariffs and foreign‑influence oversight.

Background on Joby Aviation

• Founded in 2009 in Santa Cruz, California, where it maintains its corporate headquarters.
• Operates facilities in several U.S. cities and internationally in Germany, Austria, Costa Rica, and Shenzhen, China (as disclosed in SEC filings).

Joby’s attorney, Alex Spiro, said in an emailed statement that the company “doesn’t respond to nonsense.” He added, “Archer’s constant legal issues and flailing business operations have left it no choice but to resort to invented nonsensical theories. We will see them in court.”

Prior Litigation

The countersuit follows a November lawsuit in which Joby sued Archer over alleged trade‑secret theft. Joby claimed that former employee George Kivork took trade secrets when he left Joby to join Archer, which then used them. The case was filed in the Superior Court of California, Santa Cruz County.

Company Overviews

Both Joby and Archer (based in San Jose, California) went public in 2021 via mergers with special purpose acquisition companies. They compete in overlapping markets, developing electric air taxis and pursuing defense applications for their technology.

Executive Order and Pilot Program Context

The complaint references a recent executive order by President Trump directing the U.S. Department of Transportation (DOT) and the Federal Aviation Administration (FAA) to launch a pilot program aimed at accelerating the development and commercialization of electric vertical takeoff and landing (eVTOL) aircraft. Both companies have applied to this program, formerly known as the Advanced Air Mobility and Electric Vertical Takeoff and Landing Integration Pilot Program.

The complaint alleges that Joby “wrapped itself in the American flag” and marketed its aircraft as “Committed to American Innovation,” securing hundreds of millions of dollars in U.S. government funding, including Air Force contracts, and positioning itself as a key player in the administration’s effort to accelerate air‑taxi integration under the 2025 “Unleashing American Drone Dominance” executive order.

Pilot Program Approvals

On Monday, the DOT and FAA approved eight proposals for the pilot program across 26 states. Archer received approval for three proposals, while Joby secured approval for five.

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