Delta Air Lines is voicing strong concerns that an ongoing investigation by the US International Trade Commission into its partner Joby Aviation may undermine plans to launch electric air taxi services for passengers.
In documents submitted to the ITC, the carrier stressed its substantial financial commitment to Joby and warned that any import ban or cease-and-desist order could effectively end Joby's current product development, handing rival Archer Aviation an unfair advantage in the nascent electric vertical take-off and landing market.
The case stems from a complaint Archer filed on March 10, 2026, and supplemented days later. Archer alleges Joby violated Section 337 of the Tariff Act of 1930 by importing eVTOL aircraft, power systems and components that infringe five of its patents, primarily covering systems for power distribution in electric aircraft. The complaint also references claims that Joby misclassified certain Chinese-origin goods on import records.
The ITC formally launched investigation 337-TA-1499 on April 9, 2026. Archer is seeking limited exclusion orders to block the disputed items from entering the United States along with associated sales and marketing prohibitions. No decision on the merits has been issued.
Delta disclosed its partnership with Joby in 2022, making an initial equity investment of $60 million and pledging up to an additional $200 million contingent on development and certification progress. Under the deal, Joby would operate its aircraft on behalf of Delta, providing quick transfers between major airports and surrounding communities in cities such as New York and Los Angeles.
The airline told the ITC that the complaint directly affects its interests because the partnership is intended to deliver innovative home-to-airport transportation options. An adverse ruling, Delta argued, would damage competitive conditions in the United States and risk giving Archer sole control over key technology.
The dispute sits within a wider legal conflict between the two leading eVTOL developers. Joby first sued Archer and one of its employees in November 2025, accusing them of stealing trade secrets concerning aircraft design, business strategy and operations. Archer denied the charges. In March 2026, Archer responded with counterclaims alleging Joby committed fraud by hiding connections to Chinese entities while pursuing US government contracts and that it improperly classified imported components.
Joby has dismissed Archer's allegations as baseless distractions and stated it will defend itself vigorously in both the district court case and the ITC proceeding. The company also disclosed the matters in its latest regulatory filings.
Meanwhile, United Airlines has formed its own alliance with Archer to eventually offer similar air taxi flights using that company's Midnight aircraft. Both Joby and Archer are racing toward FAA certification and commercial launch of passenger-carrying eVTOL services in the United States, with parallel efforts underway in Europe and Asia.
Industry observers note the intensifying rivalry reflects the high stakes in advanced air mobility, where intellectual property, supply chain transparency and government relations will help determine which firms capture early market share. Delta's intervention highlights how traditional carriers are betting on these new technologies to reshape short-distance travel.
The ITC has assigned the fact-finding portion of the case to an administrative law judge. Delta has asked the agency to fully examine the potential anticompetitive effects of the relief Archer is seeking. Proceedings are expected to continue through 2026 and into 2027 before any final determination.