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# Joby's Trade-Secret Suit Against Archer Survives Dismissal — And Archer's Counterclaims Don't
- URL: https://www.bullished.co/jobys-trade-secret-suit-against-archer-survives-dismissal-and-archers-counterclaims-dont-ca835162/
- Published: 2026-10-02T20:22:47.000Z
- Updated: 2026-10-03T20:38:43.000Z
- Description: A federal judge let most of Joby Aviation's trade-secret claims against Archer proceed while tossing Archer's counterclaims entirely.
- Author: Matteo Parrino
- Tags: SEC Filings, ACHR, Industry: Industrials

A federal court in California ruled Tuesday that Joby Aviation's trade-secret lawsuit against Archer Aviation will largely move forward, a legal setback Archer [disclosed Friday](https://www.sec.gov/Archives/edgar/data/0001824502/000182450226000078/achr-20260929.htm?ref=bullished.co) in an 8-K filed with the SEC after markets closed.

## What The Filing Says

The U.S. District Court for the Northern District of California ruled Tuesday on motions to dismiss in Joby Aero v. Archer Aviation — Case No. 5:25-cv-10703-SVK — which Archer had previously disclosed as pending litigation.

According to the [8-K](https://www.sec.gov/Archives/edgar/data/0001824502/000182450226000078/achr-20260929.htm?ref=bullished.co), the court narrowed the claims against Archer and a named employee, dismissing certain trade-secret and contract-related claims — with leave to amend in some cases — while allowing other claims to proceed. The case is before Magistrate Judge Susan van Keulen.

The filing was signed by Aaron Goodman, Archer's Chief Legal Officer and Corporate Secretary, and accepted at 4:11 p.m. ET on Friday — after the market had closed.

## Archer's Counterclaims Are Gone For Good

The sharper blow for Archer came on its own offensive claims. The court dismissed, without leave to amend, Archer's counterclaims against both Joby Aero and Joby Aviation alleging violations of the Lanham Act and California's Unfair Competition Law.

[Law360 reported](https://www.law360.com/articles/2531896/joby-air-taxi-trade-secrets-suit-against-archer-trimmed?ref=bullished.co) that the judge rejected those counterclaims, which Law360 characterized as alleging Joby had unfairly jockeyed for government contracts and concealed its business ties.

Dismissal without leave to amend means Archer has no path to revive those claims in this proceeding. The core of the lawsuit — Joby's allegation that Archer and a named employee misappropriated Joby's proprietary information — remains active, as [Bloomberg Law reported](https://news.bloomberglaw.com/ip-law/archer-aviation-cant-escape-jobys-air-taxi-trade-secrets-suit?ref=bullished.co).

## What To Watch

The ruling leaves two open threads. On Joby's side, the claims dismissed with leave to amend give Joby the option to file an amended complaint — watch for whether it does, and on what timeline.

On Archer's side, the surviving trade-secret claims now move toward discovery, which will determine how much of Joby's proprietary-information allegations can be substantiated.

ACHR shares closed at $4.89 on Friday, down roughly 3% from the prior session, before the filing was accepted.

The next significant development to watch is whether Joby files an amended complaint on the claims the court dismissed with leave to refile, and how Archer positions itself as the surviving trade-secret claims advance into discovery.

### Sources

- [8-K Filing — Archer Aviation Inc. (ACHR)](https://www.sec.gov/Archives/edgar/data/0001824502/000182450226000078/achr-20260929.htm?ref=bullished.co) — SEC EDGAR
- [Archer Aviation Can’t Escape Joby’s Air Taxi Trade Secrets Suit](https://news.bloomberglaw.com/ip-law/archer-aviation-cant-escape-jobys-air-taxi-trade-secrets-suit?ref=bullished.co) — news.bloomberglaw.com
- [Joby Air Taxi Trade Secrets Suit Against Archer Trimmed - Law360](https://www.law360.com/articles/2531896/joby-air-taxi-trade-secrets-suit-against-archer-trimmed?ref=bullished.co) — law360.com