Certain Electric Aircraft, Power Systems for Electric Aircraft, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainant's Motion To Amend the Notice of Institution of Investigation

Issuing agencies

Abstract

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's ("ALJ") initial determination ("ID") (Order No. 12) granting Complainant Archer Aviation Inc.'s motion to amend the notice of institution of investigation ("NOI") to correct a typographical error.

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<title>Federal Register, Volume 91 Issue 194 (Thursday, October 8, 2026)</title>
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[Federal Register Volume 91, Number 194 (Thursday, October 8, 2026)]
[Notices]
[Pages 64397-64398]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20675]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1499]


Certain Electric Aircraft, Power Systems for Electric Aircraft, 
and Components Thereof; Notice of a Commission Determination Not To 
Review an Initial Determination Granting Complainant's Motion To Amend 
the Notice of Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 12) 
granting Complainant Archer Aviation Inc.'s motion to amend the notice 
of institution of investigation (``NOI'') to correct a typographical 
error.

FOR FURTHER INFORMATION CONTACT: Lisa A. Murray, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2781. Copies of non-
confidential documents filed in connection with this investigation 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#89cccdc0dabac1ece5f9c9fcfae0fdeaa7eee6ff"><span class="__cf_email__" data-cfemail="d095949983e398b5bca090a5a3b9a4b3feb7bfa6">[email&#160;protected]</span></a>. 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>. Hearing-impaired persons are advised that information on 
this matter can be

[[Page 64398]]

obtained by contacting the Commission's TDD terminal, telephone (202) 
205-1810.

SUPPLEMENTARY INFORMATION: On April 14, 2026, the Commission instituted 
this investigation based on a complaint filed by Archer Aviation Inc. 
of San Jose, California. 91 FR 19200 (Apr. 14, 2026). The complaint, as 
supplemented, alleged violations of section 337 based on the 
importation into the United States, the sale for importation, or 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; U.S. Patent No. 12,162,614; U.S. Patent No. 8,469,306; U.S. 
Patent No. 12,103,404; and U.S. Patent No. 12,473,087 (``the '087 
patent''). The Commission's NOI named the following as respondents: 
Joby Aero, Inc. of Santa Cruz, California; and Joby Aviation, Inc. of 
Santa Cruz, California. The Office of Unfair Import Investigations is 
also participating in this investigation.
    On September 4, 2026, Complainant Archer Aviation Inc. filed an 
unopposed motion pursuant to Commission Rule 210.14(b), 19 CFR 
210.14(b), to amend the NOI to correct a typographical error with 
respect to the identification of one of the asserted patents. While the 
Complaint correctly identified the '087 patent asserted in this 
investigation as U.S. Patent No. 12,473,087, the NOI contains a 
typographical error identifying the '087 patent as U.S. Patent No. 
12,472,087.
    On September 8, 2026, the ALJ issued the subject ID (Order No. 12) 
granting Archer Aviation Inc.'s motion. The ID amends the NOI to read:

    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. 12,473,087 (``the '087 patent''). The complaint 
further alleges that an industry in the United States exists as 
required by the applicable Federal Statute.

    Order No. 12 at 2 (Sept. 8, 2026). No petitions for review of the 
subject ID were filed.
    The Commission has determined not to review the subject ID. The 
Commission vote for this determination took place on October 6, 2026.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: October 6, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-20675 Filed 10-7-26; 8:45 am]
BILLING CODE 7020-02-P


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