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We are subject to a variety of claims that arise from time to time in the ordinary course of our business. While management currently believes that resolving claims against us, individually or in aggregate, will not have a material adverse impact on our financial position, results of operations or statement of cash flows, these matters are subject to inherent uncertainties and management’s view of these matters may change in the future. If an unfavorable final outcome were to occur, it may have a material adverse impact on our financial position, results of operations or cash flows for the period in which the effect becomes reasonably estimable.
Archer Litigation
On November 18, 2025, we filed a complaint in the Superior Court of the State of California for the County of Santa Cruz against Archer Aviation, Inc. (“Archer”) and George Kivork alleging, among other things, breach of contract, misappropriation of trade secrets, and interference with contract and prospective economic advantage related to the improper acquisition, retention, and use of our confidential and proprietary business information and trade secrets. The complaint requests damages, disgorgement and restitution, injunctive relief, and attorneys’ fees, costs and expenses. This lawsuit was removed to the United States District Court, Northern District of California, where it remains pending. On January 23, 2026, Archer and Mr. Kivork filed motions to dismiss the complaint, and we filed our opposition to the motion to dismiss on February 13, 2026. On March 9, 2026, Archer filed counterclaims against us alleging false advertising and unfair competition. We filed a motion to dismiss Archer’s counterclaims on April 6, 2026, and Archer filed an opposition on April 20, 2026. On June 5, 2026, the court granted our motion to dismiss and dismissed Archer’s counterclaims in their entirety, with leave to amend. The court also granted in part Archer’s motion to dismiss certain of our claims. We filed our first amended complaint on June 22, 2026 and Archer filed amended counterclaims on June 29, 2026. On July 6, 2026, Archer and Mr. Kivork filed motions to dismiss our first amended complaint. On July 13, 2026, we filed our motion to dismiss Archer’s amended counterclaims. On July 20, 2026, we also filed our oppositions against Archer and Mr. Kivork’s respective motions to dismiss our first amended complaint. We intend to aggressively pursue our claims against Archer and Mr. Kivork and vigorously defend against Archer’s counterclaims.
On March 10, 2026, Archer filed a Section 337 complaint with the U.S. International Trade Commission (ITC) seeking an Exclusion Order to block Joby from importing electric aircraft, power systems, and related components into the United States that allegedly infringe 5 Archer patents. The ITC instituted an investigation pursuant to Archer’s complaint on April 9, 2026, and assigned Administrative Law Judge Doris Johnson Hines to preside over the matter. The investigation is currently in fact discovery, which ends in late September 2026. The evidentiary hearing is scheduled for January 2027, with the Administrative Law Judge’s Initial Determination expected on May 14, 2027. The ITC’s final decision, which can affirm, reverse, or modify the Administrative Law Judge’s Initial Determination, is scheduled to be issued on September 14, 2027. We intend to aggressively defend against Archer’s claims.