Wisk Aero LLC v. Archer Aviation Inc.

I. BACKGROUND

1 A. Facts Relevant to Wisk’s Motion to Compel 2 In this action, Wisk asserts claims for misappropriation of trade secrets and patent 3 infringement related to the development of electronic vertical takeoff and landing (“eVTOL”) 4 aircraft against its competitor, Archer. [See Docket No. 133 (Aug. 24, 2021 Order on Prelim. Inj.) 5 1.] Wisk has been developing eVTOL vehicles for over ten years. [Docket No. 148 (Second 6 Amended Complaint, SAC) ¶ 2.] 7 Archer was founded in 2018. In 2019 and 2020, Archer hired ten engineers from Wisk, 8 including Wisk’s VP of engineering and chief engineer. Order on Prelim. Inj. 4-5; SAC ¶ 6. In 9 February 2021, Archer announced that it would release its own eVTOL aircraft. SAC ¶ 4. Wisk 10 alleges that the design Archer released for its aircraft appears to be a copy of a design Wisk had 11 developed and that the design infringes several patents issued to Wisk. Id. at ¶¶ 4, 5, 83. Wisk 12 contends that the resemblance between the designs “could not have been a coincidence” given 13 Archer’s “targeted recruiting” of Wisk’s engineers. Id. at ¶ 6. 14 Following the departure of its engineers to work for Archer, Wisk hired a…