Advanced Air Mobility Takes Off Under the FAA’s eIPP, While Intellectual Property Tensions Rise

Advanced Air Mobility Takes Off Under the FAA’s eIPP, While Intellectual Property Tensions Rise

JD Supra – Legal Tech
JD Supra – Legal TechMar 12, 2026

Why It Matters

The eIPP accelerates commercial AAM deployment, but unresolved patent battles could disrupt supply chains and limit participants’ ability to gather certification data, shaping the future market hierarchy.

Key Takeaways

  • FAA launches eIPP with eight multi-state projects.
  • Archer and Joby lead pilot program operations.
  • IP lawsuits target each other's patents and advertising.
  • ITC exclusion orders could block critical imports.
  • Government partnerships may shield OEMs from infringement liability.

Pulse Analysis

The Advanced Air Mobility Integration Pilot Program marks a watershed for eVTOL development, moving the sector from laboratory simulations to live, multi‑state operations. By authorizing eight geographically diverse projects, the FAA and DOT provide a real‑world laboratory where data on flight performance, air‑traffic integration, and infrastructure needs can be collected ahead of full type certification. This approach not only de‑ridges the regulatory pathway but also signals to investors that the United States is committing resources to cement its leadership in the global AAM race.

At the same time, the eIPP is unfolding amid a fierce intellectual‑property war between Archer Aviation and Joby Aviation. Both firms have filed patent infringement and false‑advertising claims, with Archer taking the dispute to the International Trade Commission—a forum that can issue swift exclusion orders that bar infringing components from entering the U.S. market. For a nascent industry that relies heavily on imported batteries, motors, and avionics, an ITC ruling could halt critical supply lines, delay flight testing, and erode the competitive advantage of any OEM caught in the crossfire.

The convergence of government partnership and aggressive IP enforcement creates a complex strategic landscape. While public‑private collaborations may grant participants limited immunity from direct patent liability, the government itself could become the target of monetary claims, shifting risk back to taxpayers. Companies that can navigate both regulatory compliance and litigation risk are likely to emerge as the dominant platforms when the eIPP concludes and full certification processes begin. Consequently, investors and policymakers must monitor not only technical milestones but also the evolving legal battles that will shape the commercial viability of advanced air mobility.

Advanced Air Mobility Takes off Under the FAA’s eIPP, While Intellectual Property Tensions Rise

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