USITC Investigates Joby Aviation Over China-Sourced Components

The United States International Trade Commission (USITC) has formally launched an investigation into Joby Aviation, a leading developer of Electric Vertical Takeoff and Landing (eVTOL) aircraft. The probe, officially instituted on April 9, 2026, follows a complaint by competitor Archer Aviation alleging patent infringement related to key components sourced from China.

This investigation, designated No. 337-TA-1499, escalates the intellectual property disputes within the nascent Advanced Air Mobility (AAM) sector. Archer's complaint, filed on March 10, 2026, claims that Joby is engaging in unfair trade practices under Section 337 of the Tariff Act of 1930. The core allegation is that certain components used in Joby's aircraft, imported from its Chinese subsidiary Joby Metal Shenzhen, infringe on five specific U.S. patents held by Archer, including patents 11,945,594 and 12,162,614. The potential consequences for Joby are significant, as a negative finding could lead to an exclusion order, effectively banning the importation of these components into the United States.

Allegations and Denials

Archer's filing with the USITC requests a full investigation and the issuance of a limited exclusion order and a cease and desist order against Joby. The complaint targets specific technologies integral to eVTOL aircraft, though the exact components have not been publicly detailed. This move highlights a growing trend of aggressive IP litigation as AAM companies race toward commercialization and FAA certification.

Joby Aviation has vehemently denied the allegations, characterizing them as a retaliatory and baseless tactic. In a public statement, Joby's legal counsel, Alex Spiro, dismissed the complaint. "Archer's ludicrous and defamatory claims are nothing more than an irresponsible attempt to distract from Joby's trade secret theft lawsuit proceeding against Archer," Spiro stated. He further emphasized that Joby maintains strict supply chain compliance and has no connections to the Chinese Communist Party, addressing the geopolitical undertones of the complaint.

Stakeholder and Industry Impact

The USITC investigation places multiple stakeholders under pressure. For Joby Aviation, the primary risk is a disruption to its supply chain. An import ban on critical components could severely delay its aircraft production schedule and its ability to fulfill contracts, including those with the U.S. Department of Defense's AFWERX program. The allegations also threaten Joby's 'Made in America' branding.

For Archer Aviation, the litigation represents a significant financial outlay but offers a strategic opportunity to disrupt a key competitor. A favorable outcome could force Joby into a costly redesign or a settlement. The investigation also puts Joby's Chinese subsidiary and its role in the supply chain under federal scrutiny. This is particularly relevant given the heightened focus on Chinese-sourced components within the U.S. aerospace and defense sectors.

A Pattern of AAM Litigation

This legal battle is not an isolated incident but part of a broader pattern of intellectual property disputes in the AAM industry. In 2021, Wisk Aero filed a high-profile trade secret lawsuit against Archer, which was eventually settled in August 2023 with Boeing investing in Archer. That case demonstrated the sector's tendency toward intense legal fights that often conclude with strategic partnerships or settlements rather than definitive court rulings. The current situation between Joby and Archer mirrors this dynamic, suggesting the legal maneuvering is as crucial as the engineering in the race to market.

Furthermore, the use of the USITC as a venue has precedent in aviation. In a case from 2018 to 2020 involving drone manufacturers Autel Robotics and DJI, the USITC found DJI had violated Section 337 and issued limited exclusion orders on its products, underscoring the commission's power to impact aviation technology imports.

Joby S4 vs. Archer Midnight

What Comes Next

The USITC will now proceed with the investigation. According to the commission's official notice, a target date for completing the investigation is expected to be set within 45 days, placing it around May 24, 2026. The case will be assigned to a USITC Administrative Law Judge (ALJ), who will hold an evidentiary hearing and make an initial determination on whether a violation of Section 337 has occurred. Based on typical timelines for such complex cases, an initial determination from the ALJ is not expected until mid-to-late 2027.

Why This Matters

The outcome of this investigation could have far-reaching implications for the entire AAM industry. A ruling against Joby could set a new precedent for supply chain scrutiny and intellectual property enforcement, potentially forcing other eVTOL companies to re-evaluate their reliance on foreign-sourced components. Conversely, a ruling in Joby's favor could validate its supply chain strategy while weakening a key competitor's legal leverage, ultimately shaping the competitive landscape for years to come.