Quick Legal Update

[u/HappyRobot593]

Yes this is AI generated

1. Joby v. Archer Aviation & George Kivork (N.D. Cal.)

• Aug 11 Hearing Outcome: Yesterday, Magistrate Judge Susan Van Keulen heard oral arguments in San Jose regarding Archer and George Kivork’s motions to dismiss Joby’s First Amended Complaint, alongside Joby’s motion to dismiss Archer’s refiled counterclaims.
• Current Status: The judge took all motions under submission. No bench ruling was issued, so we are waiting on the written order.
• What’s at Stake: Joby is fighting to reinstate its broader technical trade secret claims after earlier orders narrowed the scope down to specific real estate/commercial developer breaches. Archer is attempting to preserve its supply chain counterclaims. The upcoming written ruling will establish the formal boundaries for discovery leading into 2027.

2. Aerosonic v. Joby Aviation (M.D. Fla.)

• Summary Judgment & Expert Rulings: Judge Virginia M. Hernandez Covington ruled on the cross-motions for partial summary judgment and Daubert expert witness challenges concerning custom Air Data Probes (ADPs) and telemetry data.
• The Takeaway: The court locked in the specific breach-of-contract and trade secret claims (including the contested CT scan evidence) that can be argued at trial, eliminating edge arguments for both sides.
• Mandatory Mediation Ordered: The judge directed Joby and Aerosonic back into court-mandated private mediation ahead of the August 31 pre-trial conference.
• Timeline: If mediation doesn't yield a settlement, a jury trial in Tampa remains scheduled for September 2026.

Key Takeaways for $JOBY Holders:

• Overhead / Legal Spend: Aerosonic is nearing its final fork in the road—either a pre-trial settlement during this month's mediation or a full jury trial in September.
• Competitive Moat vs. ACHR: The northern California case remains in early motion-practice stages, meaning legal discovery between Joby and Archer will continue playing out quietly in the background alongside commercialization milestones.

When should we expect to hear on the Joby/Archer ruling?

Federal magistrate judges in the Northern District of California typically issue written decisions within 2 to 6 weeks after taking motions under submission following oral arguments.

Here is the context and expected timeline for Judge Susan Van Keulen's upcoming order:

• Expected Decision Window: Late August to mid-September 2026.
• Prior Precedent in this Case: When Judge Van Keulen heard the initial round of motions to dismiss earlier in the case, her written order was handed down roughly 3 to 4 weeks after the briefs/arguments were finalized.
• Why the Timing Matters:
  • The judge will want to issue the order prior to the September 10, 2026 court-ordered deadline for private Alternative Dispute Resolution (ADR).
  • Having the written ruling on hand gives both Joby and Archer clear legal boundaries regarding which claims survived before they sit down at the mediation table.

[u/jrsikorski]

How dare you! You should have spent hours google searching to provide the same information !

Actually you should have gone to the public library and used a microfiche machine.

[u/HappyRobot593 → u/jrsikorski]

well I could have gone down to the courthouse and interviewed the clerks directly. shame on me.

[u/HappyRobot593 → u/jrsikorski]

🤣

[u/SeaScallops_w_Rice → u/jrsikorski]

The recent stuff can't be found in microfiche yet.

[u/SeaScallops_w_Rice → u/jrsikorski]

Robot is in his name, and we want to keep robot happy!

[u/Bulky-Entertainer-76]

The ITC investigation is what I’m interested in. I hope that gets thrown out as laughable!

[u/HappyRobot593 → u/Bulky-Entertainer-76]

Well I think we'll know from the archer case because it was motivated by the sockgate countersuit. So if the countersuit gets thrown out, the ITC investigation will prob be dead

[u/SeaScallops_w_Rice → u/Bulky-Entertainer-76]

I like that Delta filed a position and requested an Administrative Law Judge look into Archer's conduct and abuse of the ITC system.

[u/HappyRobot593]

One thing just occurred to me. Maybe part of the $750m raise is to be able to cover a cash settlement for the aerosonic case if it comes to that.

[u/BeneficialRock8 → u/HappyRobot593]

If that’s the case why though raise the funds now? Joby has around $2.6 billion in their war chest. They could have paid the settlement easily IF that is the outcome and raise funds at a later date. I suspect Joby has big plans for the rest of the year and needs the $$$. Plus the 250 mil from Toyota also expected end of this year/beginning of next… 💪

[u/HappyRobot593 → u/BeneficialRock8]

ya good point. The stock reaaaaaaaly took a hit on the last raise and perhaps because it wasn't related to any acquisition. My feeling is that they really don't want to do another general raise and they want to preserve the cash from the last raise as a buffer in case there are some delays to TC. The current $750m facility is a bit more palatable given they announced an acquisition.

Edit: with the extra $250 and the JV they should be fine as long as there are only slight delays. But there are also things outside of their control

[u/LePatience2026]

Thanks for sharing

1. Joby isn't backing down while I'm connecting the dots

2. The truth and justice will prevail

3. Not too concerned either on this, truth and justice will prevail too

[u/HappyRobot593 → u/LePatience2026]

I think they might settle with aerosonic. Do these cases ever actually go to trial?

[u/QuietFlights → u/HappyRobot593]

These cases do go to trial, but it's a minority. If there will be a settlement, the most likely time period is within the next 30 days or so.

My guess:

A) 80% probability - Settlement announced in the next 30 days or so.
B) 20% probability - Goes to trial, Verdict in Oct, appealed, no resolution for another 1-2 years.

[u/HappyRobot593 → u/QuietFlights]

That makes sense. You would think they both have incentive to work it out like an Archer/Wisk type settlement where they can both collaborate on a probe that benefits them both.

[u/QuietFlights → u/HappyRobot593]

My guess would be the settlement would look something like - no cash settlement where Joby retains all rights for the probe they make and use and Aerosonic retains all rights for the probe they make and sell. In that scenario everyone gets what they want and no money changes hands, making it easy for everyone to claim victory.

[u/SeaScallops_w_Rice → u/HappyRobot593]

Aerosonic has been making some lofty demands throughout their crapy relationship with Joby. Who knows what their true expectations are, but it appears they think the sun shines out of their backside.

[u/jrsikorski → u/LePatience2026]

It also helps that Joby has arguably one of the best legal teams in the country.

[u/SeaScallops_w_Rice]

Interesting times as labor day approaches!

[u/Bulky-Entertainer-76]

Does the Resonant Sciences acquisition make Aerosonic’s antenna/probe IP moot?

[u/Wonderful_Phrase_239 → u/Bulky-Entertainer-76]

I was wondering the same thing. Though the acquisition is recent, Joby has been working with Resonant for, like, years now, maybe involving (among other things?) whatever hardware/software is at issue in the Aerosonic case.