Notice2026-07152
Certain Electric Aircraft, Power Systems for Electric Aircraft, and Components Thereof
Primary source
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Published
April 14, 2026
Issuing agencies
International Trade Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 91 Issue 71 (Tuesday, April 14, 2026)</title>
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[Federal Register Volume 91, Number 71 (Tuesday, April 14, 2026)]
[Notices]
[Pages 19200-19201]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07152]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1499]
Certain Electric Aircraft, Power Systems for Electric Aircraft,
and Components Thereof
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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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 <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#9adfded3c9a9d2fff6eadaefe9f3eef9b4fdf5ec"><span class="__cf_email__" data-cfemail="82c7c6cbd1b1cae7eef2c2f7f1ebf6e1ace5edf4">[email protected]</span></a>. 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 <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
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
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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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