Section 337 Investigation Instituted on Electric Aircraft Patent Claims
Summary
The USITC voted to institute Investigation No. 337-TA-1499 based on a complaint filed by Archer Aviation alleging that Joby Aero, Inc. and Joby Aviation, Inc. imported electric aircraft and components that infringe certain patents in violation of Section 337 of the Tariff Act of 1930. The complainant seeks limited exclusion orders and cease and desist orders against the respondents.
What changed
The USITC has voted to institute a formal Section 337 investigation (337-TA-1499) concerning certain electric aircraft, power systems, and components thereof. The investigation was initiated based on a complaint filed by Archer Aviation Inc. alleging that imported electric aircraft products sold by Joby Aero, Inc. and Joby Aviation, Inc. infringe asserted patent claims, constituting a violation of Section 337 of the Tariff Act of 1930. The complainant has requested limited exclusion orders barring entry of infringing articles and cease and desist orders prohibiting further sale of infringing products.
Respondents Joby Aero and Joby Aviation face potential binding remedial orders from the USITC, which are effective when issued and become final after a 60-day review period unless the U.S. Trade Representative disapproves. Any exclusion orders would directly impact the respondents' ability to import affected electric aircraft products into the United States. Importers and manufacturers in the electric aircraft sector should monitor this investigation for precedential implications on patent enforcement in the advanced air mobility industry.
What to do next
- Monitor the investigation progress and target date once set by USITC within 45 days
- Prepare import compliance documentation demonstrating non-infringement if affected by the investigation
- Consult with IP counsel regarding potential exposure to exclusion orders or cease and desist orders
Penalties
Limited exclusion orders and cease and desist orders may be issued; USITC remedial orders become final 60 days after issuance unless disapproved by the U.S. Trade Representative
Archived snapshot
Apr 9, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
USITC Institutes Section 337 Investigation of Certain Electric Aircraft, Power Systems for Electric Aircraft, and Components Thereof
April 9, 2026
News Release 26-058
Inv. No(s).
337-TA-1499
Contact: Claire Huber, 202-205-1819 USITC Institutes Section 337 Investigation of Certain Electric Aircraft, Power Systems for Electric Aircraft, and Components Thereof
The U.S. International Trade Commission (Commission or USITC) voted to institute an investigation of certain electric aircraft, power systems for electric aircraft, and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed on behalf of Archer Aviation Inc. of San Jose, California, on March 10, 2026. A supplement to the complaint was filed on March 19, 2026. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain electric aircraft, power systems for electric aircraft, and components thereof that infringe certain claims of the patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following respondents in this investigation:
- Joby Aero, Inc., Santa Cruz, California
- Joby Aviation, Inc., Santa Cruz, California By instituting this investigation (337-TA-1499), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
#
CONTACT US
HELPFUL RESOURCES
Named provisions
Related changes
Get daily alerts for ITC News Releases
Daily digest delivered to your inbox.
Free. Unsubscribe anytime.
About this page
Every important government, regulator, and court update from around the world. One place. Real-time. Free. Our mission
Source document text, dates, docket IDs, and authority are extracted directly from USITC.
The summary, classification, recommended actions, deadlines, and penalty information are AI-generated from the original text and may contain errors. Always verify against the source document.
Classification
Who this affects
Taxonomy
Browse Categories
Get alerts for this source
We'll email you when ITC News Releases publishes new changes.
Subscribed!
Optional. Filters your digest to exactly the updates that matter to you.