Electric Aircraft Section 337 Investigation Instituted on Archer Aviation Patents

Content

ACTION:

Notice.

SUMMARY:

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 10, 2026, under section
337 of the Tariff Act of 1930, as amended, on behalf of Archer Aviation Inc. of San Jose, California. A supplement to the
complaint was filed on March 19, 2026. The complaint, as supplemented, alleges violations of section 337 based upon the importation
into the United States, the sale for importation, and the sale within the United States after importation of certain electric
aircraft, power systems for electric aircraft, and components thereof by reason of the infringement of certain claims of U.S.
Patent No. 11,945,594 (“the '594 patent”); U.S. Patent No. 12,162,614 (“the '614 patent”); U.S. Patent No. 8,469,306 (“the
'306 patent”); U.S. Patent No. 12,103,404 (“the '404 patent”); and U.S. Patent No. 12,472,087 (“the '087 patent”). The complaint
further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant
requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and
cease and desist orders.

ADDRESSES:

The complaint, except for any confidential information contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD
terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission
should contact the Office of the Secretary at (202) 205-2000. General information concerning the Commission may also be obtained
by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT:

Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION:

Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2025).

Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on April 9, 2026, Ordered that —

(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine
whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for
importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason
of infringement of one or more of claims 1, 6-16, and 22-30 of the '594 patent; claims 1, 2, 5-8, 10-14, 23-25, 28, and 30
of the '614 patent; claims 1, 2, 4-6, 10, and 12 of the '306 patent; claims 1-3, 5, 7, 12, and 13 of the '404 patent; and
claims 1-15 and 17-30 of the '087 patent, and whether an industry in the United States exists as required by subsection (a)(2)
of section 337;

(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products, which defines the scope of the investigation, is “electric
vertical takeoff and landing (eVTOL) aircraft, including hybrid eVTOL aircraft, power systems for eVTOL aircraft, and components
thereof, including battery cells and/or battery packs”

(3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of
investigation shall be served:

(a) The complainant is:

Archer Aviation Inc., 190 West Tasman Drive, San Jose, CA 95134

(b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the
complaint is to be served:

Joby Aero, Inc., 333 Encinal Street Santa Cruz, California 95060

Joby Aviation, Inc., 333 Encinal Street, Santa Cruz, California 95060

(c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington,
DC 20436; and

(4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate
the presiding Administrative Law Judge.

Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section
210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission
of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice
of investigation will not be granted unless good cause therefor is shown.

Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize
the administrative law judge and the

  Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice
  and to enter an initial determination and a final determination containing such findings, and may result in the issuance of
  an exclusion order or a cease and desist order or both directed against the respondent.

By order of the Commission.

Issued: April 9, 2026. Lisa Barton, Secretary to the Commission. [FR Doc. 2026-07152 Filed 4-13-26; 8:45 am] BILLING CODE 7020-02-P

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