Year: 2021

23 Jul 2021

Peer-to-peer car rental startup Getaround fined nearly $1M by DC’s Attorney General

Getaround was fined nearly $1 million by the Washington D.C. Office of the Attorney General for operating without a license and other violations, part of a settlement of what the peer-to-peer car rental startup calls “politically motivated allegations.”

The AG’s office started investigating the company early last year, after it received reports of vehicle thefts of cars listed on the Getaround platform. The settlement, released Friday, requires the company to pay the city $950,000, in addition to implementing other changes, including paying restitution to customers whose vehicles were stolen or damaged while it was listed for rent on Getaround’s platform.

Getaround, the winner of TechCrunch’s Startup Battlefield at Disrupt NYC in 2011, lets individual car owners rent their vehicles by the hour or day via its website and app. The site, much like competitor Turo or home rental analog Airbnb, mediates this exchange (and takes a cut off the top). The company’s attracted a lot of interest from investors, most recently raising a $140 million Series E that brought its total venture funding to $600 million.

The settlement is what’s known as an “assurance of voluntary compliance,” and it’s not an admission of guilt. The settlement document makes clear that Getaround denies it violated any consumer protection or tax laws.

“Gig economy companies must abide by the same rules as their brick-and-mortar counterparts,” Attorney General Karl Racine said in a statement. “They must provide clear and accurate information to consumers, especially about the safety of their services, and they must pay their fair share of taxes like everyone else does.”

The AG’s office claims that Getaround operated without a license in the district, misrepresented its service, and made “untrue or misleading representations” about the safety of its car rental services. As part of the settlement, the company must create a written policy for user complaints regarding vehicle damage or theft, including a way for users to report any issues. It also must clearly disclose limitations of its safety features, such as its “Enhanced Security” software feature, which Getaround says on its website can immobilize your car when it’s not being used. Getaround must also more clearly state the terms and conditions for insurance coverage.

The AG’s office also claimed that Getaround misled consumers by creating fake owner profiles for vehicles that it owned and operated. The company must now disclose its fleet cars clearly in listings.

A Getaround spokesperson told TechCrunch that the company “categorically disagrees” with the AG’s allegations.

“With regard to safety and security, as the Attorney General acknowledges, as soon as Getaround was notified of security issues affecting certain cars in the District, the company took immediate corrective action,” the spokesperson said. “As is its practice, Getaround will continue to compensate car owners who have filed valid claims for loss or damage. Finally, Getaround never disputed liability for the taxes it is paying pursuant to this settlement.  Getaround will continue to pay applicable taxes to the District and in every jurisdiction in which it operates.”

The company spokesperson went on to say that “while the Attorney General is focused on scoring political points, Getaround remains focused on connecting safe, convenient, and affordable cars with District residents who need them to live and work.”

23 Jul 2021

Extra Crunch roundup: finding GTM, China’s edtech clampdown and how to define growth

Early-stage startups tend to claim that their go-to-market strategy is fully operational. In reality, GTM is a stark numbers game, and even with a solid plan in place, it can be easily foiled by common problems like turf battles and poor communication.

Finding GTM fit is a milestone for any startup that includes everything from expanding the engineering team to launching your first media buy. But how do you know when you’ve reached that magic moment?

“You have to consider three metrics: gross churn rate, the magic number and gross margin,” says Tae Hea Nahm, co-founder and managing director of Storm Ventures.

High churn means customers aren’t delighted, low gross margins mean poor unit economics, and that so-called magic number?

“You can calculate it by taking new ARR divided by your marketing and sales spending,” Nahm writes. “But keep in mind that the magic number is a lagging indicator, and it may take you a few quarters to see a positive result.”


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If you are methodical in your approach to building a larger customer base, it is not difficult to foster steady growth.

Marketers who shift with whichever way the wind is blowing — or blindly follow someone else’s idea of best practices — are less likely to be successful.

“The not-so-secret secret here is that the key to great retention is really simple,” said growth expert Susan Su recently at TechCrunch Early Stage: Marketing and Fundraising. “It is building a product that solves a real and especially persistent problem for people.”

In conversation with Managing Editor Eric Eldon, Su delved into several issues, including tips on how founders should discuss growth with investors, and her methods for developing a sample qualitative growth model.

“I firmly believe that every founder should try their hand at growth,” said Su.

Thanks very much for reading Extra Crunch this week!

Walter Thompson
Senior Editor, TechCrunch
@yourprotagonist

How we built an AI unicorn in 6 years

An adult wearing a unicorn mask leaps over a chain-link fence

Image Credits: Lucas Knappe/EyeEm (opens in a new window)/ Getty Images

Few startups go to market with the exact product their founders first envisioned.

Today, Tractable is known for developing tech that allows drivers to upload photos of their vehicles after a collision so its AI can assess the damage. Its first paying customer, however, used Tractable to inspect plastic pipe welds.

And as fate would have it, that customer also fired them just as the founders were raising their first round.

“We struck gold with car insurance,” says co-founder Alex Dalyac, as it was “a huge and inefficient market in desperate need of modernization.”

In an Extra Crunch guest post, he shares several takeaways from the last six years spent scaling a unicorn that have value for founders of all stripes. Step one?

“Search for complementary co-founders who will become your best friends,” advises Dalyac.

 

The European VC market is so hot it may skip its summer holiday

Alex Wilhelm and Anna Heim continued their exploration of the scorching global VC market, this time taking a look at Europe.

For perspective, they analyzed data from Dealroom and spoke to four VCs about the continent’s investment climate:

  • Diana Koziarska, SMOK Ventures
  • Vinoth Jayakumar, Draper Esprit
  • Simon Schmincke, Creandum
  • Javier Santiso, Mundi Ventures

“There’s little indication that what we’ve seen thus far from Europe in 2021 will slow in Q3 or Q4,” Alex and Anna write.

“Even though Europe has a reputation for lengthy summer vacations, investors don’t expect much — if any — slowdown to come in Europe during this sun-drenched quarter.”

Startups and investors are turning to micromobility subscriptions

Image Credits: Bryce Durbin

“Amid the chaos of the COVID-19 pandemic and the murky path to profitability for shared electric micromobility, an increasing number of companies have turned to subscriptions,” Rebecca Bellan writes in a roundup about the future of micromobility.

“It’s a business model that some founders and investors argue hits the profit center sweet spot — an approach that appeals to customers who are wary of sharing as well as paying upfront to own a scooter or e-bike, all while minimizing overhead costs and depreciation of assets.”

What Robinhood’s warnings about crypto trading say about Coinbase’s near-term future

After noting that Robinhood anticipates a decline in revenue in the third quarter as a result of slowing crypto trading, Alex Wilhelm got to thinking about what that forecast means for Coinbase.

“The now-public unicorn has lived through crypto ups and crypto downs,” he writes. “A decline in consumer interest in the next few months or quarters is not a huge deal, assuming one keeps a long enough perspective and the crypto-infused future that its fans expect comes to pass.”

But will it?

Dear Sophie: Should we look to Canada to retain international talent?

lone figure at entrance to maze hedge that has an American flag at the center

Image Credits: Bryce Durbin/TechCrunch

Dear Sophie,

I handle people ops as a consultant at several different tech startups. Many have employees on OPT or STEM OPT who didn’t get selected in this year’s H-1B lottery.

The companies want to retain these individuals, but they’re running out of options. Some companies will try again in next year’s H-1B lottery, even though they face long odds, particularly if the H-1B lottery becomes a wage-based selection process next year.

Others are looking into O-1A visas, but find that many employees don’t yet have the experience to meet the qualifications. Should we look at Canada?

— Specialist in Silicon Valley

Silicon Valley comms expert Caryn Marooney shares how to nail the narrative

Caryn Marooney, right, vice president of technology communications at Facebook, poses for a picture on the red carpet for the 6th annual 2018 Breakthrough Prizes at Moffett Federal Airfield, Hangar One in Mountain View, Calif., on Sunday, Dec. 3, 2017. (N

Image Credits: MediaNews Group/Bay Area News via Getty Images (opens in a new window)/ Getty Images(Image has been modified)

Caryn Marooney, a Silicon Valley communications professional turned venture capitalist, spoke extensively on storytelling at TechCrunch Early Stage: Marketing and Fundraising.

Throughout her time in Silicon Valley, she helped companies like Salesforce, Amazon, Facebook and more launch products and sharpen their messaging. In 2019, she left Facebook, where she was VP of technology communication, and joined Coatue Management as a general partner.

Marooney uses the acronym RIBS to describe her basic strategy for startup messaging: Relevance, Inevitability, Believability and keeping it Simple.

Canada’s startup market booms alongside hot global VC investment

For The Exchange, Alex Wilhelm and Anna Heim looked at Canada’s VC market in the first half of 2021, and if you’ve been reading their work, you know what’s coming.

Canada, like the rest of the globe, was absolutely scorching in the first half.

“Canada’s venture capital results now rival those of the entire Latin American region, with exits and mega-deals coming in roughly on par in the second quarter, and a similar number of total venture capital rounds in the period,” they write.

“That caught our attention.”

Greylock’s Mike Duboe explains how to define growth and build your team

With more venture funding flowing into the startup ecosystem than ever before, there’s never been a better time to be a growth expert.

At TechCrunch Early Stage: Marketing and Fundraising earlier this month, Greylock Partners’ Mike Duboe dug into a number of lessons and pieces of wisdom he’s picked up leading growth at a number of high-growth startups, including StitchFix. His advice spanned hiring, structure and analysis, with plenty of recommendations for where growth teams should be focusing their attention and resources.

Last-mile delivery in Latin America is ready to take off

Thanks to sprawling fulfillment centers, seamless logistics networks and ubiquitous internet access, consumers in many regions can now order groceries and a new set of cookware during breakfast and reasonably expect everything to arrive in time for dinner.

In Latin America, a lack of technology infrastructure makes delivery operations complex, and these supply chains are often managed with spreadsheets, paper and pen.

Algorithms that manage delivery routes or automatically dispatch drivers “are almost unheard of in the Latin America retail logistics sector,” says Bob Ma, an investor at WIND Ventures.

But thanks to growing consumer demand and expanding investment in last-mile delivery startups, Ma says the region is at a turning point.

Since Latin America’s middle class has grown 50% in the last decade and e-commerce constitutes just 6% of all retail, several unicorns have emerged in recent years, with more waiting in the wings.

China’s expected edtech clampdown may chill a key startup sector

China’s edtech industry is estimated to be worth $100 billion, but its leaders are reportedly considering a plan that would require these firms to operate as non-profits.

“When it comes to control, the Chinese government doesn’t mind wiping out a few dozen billion dollars in market cap here and there,” writes Alex Wilhelm in this morning’s edition of The Exchange.

“That’s not a great system.”

23 Jul 2021

Pro tips from the team behind Kickstarter’s most funded app

Here at memoryOS, we have a saying we repeat often: “Most of the Kickstarter happens before the actual Kickstarter.”

Preparation is the key. But even if you understand that most of the work is done in advance, you should still prepare yourself for some sleepless nights after the launch date. The usual startup mantra will apply to your crowdfunding campaign just as well: Measure, analyze and adjust along the way.

As you may know, crowdfunding fits some B2C products better than it does others. So to give you our product context here, memoryOS is a gamified app that teaches memorization skills with the help of virtual mind palaces and interactive microlessons taught by our co-founder, two-time World Memory Champion, Jonas von Essen.

Before becoming the most funded app on Kickstarter and getting it 6,400% funded (and carrying it further to the Indiegogo platform right after), we spent countless hours researching down the rabbit hole of crowdfunding tips and tricks. We also had calls with several top-tier crowdfunding project creators who were kind enough to answer our questions and share bits of knowledge from their experience.

We’re sharing our approach (and secrets) to building a successful crowdfunding campaign because we know just how tough it can be to launch your own product. So here is a complete 10-step guide:

Find a unique idea

You should have a unique idea for a product that would solve at least one problem for your target audience. The proven approach is to set two major hypotheses right at the start and then work on getting them tested:

  1. Does your product work and solve the problem as intended, and is it better than what’s out there? This is usually referred to as the “proof of concept” stage.
  2. Are there enough people who are willing to pay for your product for you to build a sustainable business?

You will need to build a base prototype to test the first hypothesis and, if it works, you can then work on turning it into an MVP or a short demo version for your future commercial product. You can then get people to test it for free and prepay for the full version.

Getting people to actually back their interest with their wallet means you already have customers, not merely enthusiasts, and it significantly increases the chances of a successful project.

Yes, it’s important that you get people to pay a minimum reservation deposit at this point and receive their commitment to pay the remaining amount for the full product later on. Getting people to actually back their interest with their wallet means you already have customers, not merely enthusiasts, and it significantly increases the chances of a successful project.

Get user feedback

As soon as you have something to test, conduct short surveys to better understand your customers by gathering and analyzing the reasons why and for what purpose(s) they would want your product.

Here at memoryOS, we called the first couple thousand of our leads and had many insightful conversations to help us connect to our audience on a more personal and emotional level.

Once you have a demo or prototype for the users to test, make sure to add a feedback form right at the end of their experience (or gather feedback using Google Forms for surveys, or via email inquiries).

23 Jul 2021

Rivian raises another $2.5B, pushing its EV war chest up to $10.5B

Rivian announced Friday that it has closed a $2.5 billion private funding round led by Amazon’s Climate Pledge Fund, D1 Capital Partners, Ford Motor and funds and accounts advised by T. Rowe Price Associates Inc.

Third Point, Fidelity Management and Research Company, Dragoneer Investment Group, and Coatue also participated in the round.

“As we near the start of vehicle production, it’s vital that we keep looking forward and pushing through to Rivian’s next phase of growth,” Rivian CEO RJ Scaringe said in a statement.“ This infusion of funds from trusted partners allows Rivian to scale new vehicle programs, expand our domestic facility footprint, and fuel international product rollout.”

“We are excited to increase our investment in Rivian as it reaches an inflection point in its commercialization and delivers what we believe will be exceptional products for customers,” said Dan Sundheim, Founder of D1 Capital Partners.

Rivian has raised roughly $10.5 billion to date.

The news comes just a day after Rivian confirmed it plans to open a second U.S. factory.

Developing …

23 Jul 2021

Apple Music brings its spatial audio and lossless streaming to Android

It takes a really specific consumer to buy an Android phone, yet use Apple Music. But the small overlap in that venn diagram may be getting bigger. Last month at WWDC, Apple unveiled a free update for Apple Music subscribers that added lossless audio streaming and spatial audio with support for Dolby Atmos. Now, Android users can access these features too.

Last year, Google shut down its Google Play Music app (RIP) with the intent for users to migrate to YouTube Music. Some longtime Android fans are still unpleased about that decision and don’t feel that YouTube Music is up to par — but for audiophiles, these Apple Music updates might be what it takes to get them to switch. However, not all Android devices support Atmos yet.

Apple Music isn’t the only streaming platform ramping up its audio quality. On the same day that Apple announced its upgraded audio features at WWDC, Amazon Music also announced that it would support lossless streaming and spatial audio with Atmos functionality. Like Apple, Amazon offers these enhancements at no extra cost for subscribers. Spotify plans to launch a lossless audio feature as well called HiFi, but it will be a premium add-on, rather than a free upgrade like Apple Music or Amazon Music. YouTube Music doesn’t yet offer a comparable feature.

Currently, Spotify leads the streaming industry with 158 million paid subscribers. For comparison, Apple Music had 60 million subscribers in June 2019, and Amazon Music had 55 million in January 2020, but both companies haven’t shared updated numbers since then; YouTube Music has at least 20 million paid users. Even on consumer-grade headphones, you can hear the difference between a lossless FLAC file and a compressed mp3 — but if you’re such a keen audiophile that you need to listen to master-quality audio, just get Tidal.

23 Jul 2021

Growth marketing roundup: TechCrunch Experts, creative testing and how to nail your narrative

“It’s about focusing on the metric that directly reflects the value that your company and products bring to your customers,” growth marketer Maya Moufarek told us in an interview for one of our most popular marketing articles of the week. “For Airbnb, that may be the number of nights booked; for Spotify, minutes listened to. It’s all about simplifying your strategy into something that is digestible, memorable and applicable.”

In the interview, Moufarek speaks about the importance of Sean Ellis’ North Star metric, how she audits her clients, brand building and more.

Help TechCrunch find the best growth marketers for startups.

Provide a recommendation in this quick survey and we’ll share the results with everybody.

Marketing Cube founder Maya Moufarek’s lessons for customer-focused startups: Founder of growth consultancy Marketing Cube Maya Moufarek joins Miranda Halpern for an interview as part of the TechCrunch Experts series. Moufarek shares her advice for startups and explains why there’s no one-size-fits-all approach to marketing.

In growth marketing, creative is the critical X factor: Self-proclaimed “growth marketing nerd” and current Uber growth team member Jonathan Martinez breaks down how to be successful with creative testing. Martinez discusses how to do this when faced with the current privacy restrictions.

(Extra Crunch) Susan Su on how to approach growth as your startup raises each round: Managing Editor Eric Eldon recaps growth marketing expert Susan Su’s talk from TechCrunch Early Stage: Marketing and Fundraising. Su goes through a sample qualitative growth model and the importance of always having a growth team.

(Extra Crunch) Silicon Valley comms expert Caryn Marooney shares how to nail the narrative: Senior Editor Matt Burns recaps Caryn Marooney’s talk from TechCrunch Early Stage: Marketing and Fundraising. Marooney, current VC and former communication expert, touches on her RIBS method — read the article to find out what it stands for and how to apply it to your own narrative.

(Extra Crunch) Greylock’s Mike Duboe explains how to define growth and build your team: Editor Lucas Matney breaks down the TechCrunch Early Stage: Marketing and Fundraising presentation from early-stage speaker Mike Duboe, partner at Greylock. This talk is split into 10 key points about growth, including tips on prioritizing retention, hiring for growth and more.


If you haven’t already, please fill out our ongoing growth marketing survey. We’re using these recommendations of top-tier growth marketers around the world to shape our editorial coverage.

Marketer: Illia Termeno, founder of Extrabrains

Recommended by: Anonymous

Testimonial: “T-shaped expertise with focus on strategy and long-term ROI.”

Marketer: Adam DuVander, EveryDeveloper

Recommended by: Karl Hughes, Draft.dev

Testimonial: “In addition to writing a book on developer marketing, Adam draws from deep experience as a developer and developer advocate to make sure his clients set a winning strategy in motion.”

Marketer: Jonathan Metrick, Portage Ventures

Recommended by: Matt Byrd

Testimonial: “Jonathan was truly transformative at Policygenius. Prior to his arrival, we were running a smart but disjointed marketing effort. Our messaging was inconsistent, and our approach to understanding channel efficacy was weaker than it could have been. Jonathan brought a growth mindset to the team, and built a hypereffective org in a short amount of time.”

23 Jul 2021

Growth marketing roundup: TechCrunch Experts, creative testing and how to nail your narrative

“It’s about focusing on the metric that directly reflects the value that your company and products bring to your customers,” growth marketer Maya Moufarek told us in an interview for one of our most popular marketing articles of the week. “For Airbnb, that may be the number of nights booked; for Spotify, minutes listened to. It’s all about simplifying your strategy into something that is digestible, memorable and applicable.”

In the interview, Moufarek speaks about the importance of Sean Ellis’ North Star metric, how she audits her clients, brand building and more.

Help TechCrunch find the best growth marketers for startups.

Provide a recommendation in this quick survey and we’ll share the results with everybody.

Marketing Cube founder Maya Moufarek’s lessons for customer-focused startups: Founder of growth consultancy Marketing Cube Maya Moufarek joins Miranda Halpern for an interview as part of the TechCrunch Experts series. Moufarek shares her advice for startups and explains why there’s no one-size-fits-all approach to marketing.

In growth marketing, creative is the critical X factor: Self-proclaimed “growth marketing nerd” and current Uber growth team member Jonathan Martinez breaks down how to be successful with creative testing. Martinez discusses how to do this when faced with the current privacy restrictions.

(Extra Crunch) Susan Su on how to approach growth as your startup raises each round: Managing Editor Eric Eldon recaps growth marketing expert Susan Su’s talk from TechCrunch Early Stage: Marketing and Fundraising. Su goes through a sample qualitative growth model and the importance of always having a growth team.

(Extra Crunch) Silicon Valley comms expert Caryn Marooney shares how to nail the narrative: Senior Editor Matt Burns recaps Caryn Marooney’s talk from TechCrunch Early Stage: Marketing and Fundraising. Marooney, current VC and former communication expert, touches on her RIBS method — read the article to find out what it stands for and how to apply it to your own narrative.

(Extra Crunch) Greylock’s Mike Duboe explains how to define growth and build your team: Editor Lucas Matney breaks down the TechCrunch Early Stage: Marketing and Fundraising presentation from early-stage speaker Mike Duboe, partner at Greylock. This talk is split into 10 key points about growth, including tips on prioritizing retention, hiring for growth and more.


If you haven’t already, please fill out our ongoing growth marketing survey. We’re using these recommendations of top-tier growth marketers around the world to shape our editorial coverage.

Marketer: Illia Termeno, founder of Extrabrains

Recommended by: Anonymous

Testimonial: “T-shaped expertise with focus on strategy and long-term ROI.”

Marketer: Adam DuVander, EveryDeveloper

Recommended by: Karl Hughes, Draft.dev

Testimonial: “In addition to writing a book on developer marketing, Adam draws from deep experience as a developer and developer advocate to make sure his clients set a winning strategy in motion.”

Marketer: Jonathan Metrick, Portage Ventures

Recommended by: Matt Byrd

Testimonial: “Jonathan was truly transformative at Policygenius. Prior to his arrival, we were running a smart but disjointed marketing effort. Our messaging was inconsistent, and our approach to understanding channel efficacy was weaker than it could have been. Jonathan brought a growth mindset to the team, and built a hypereffective org in a short amount of time.”

23 Jul 2021

SOSV partners explain how deep tech startups can fundraise successfully

Startups developing so-called deep tech often find it challenging to raise capital for various reasons. At TechCrunch Early Stage: Marketing and Fundraising, two experienced investors spoke on the subject and advised startups facing a challenging fundraising path.

Pae Wu and Garrett Winther are both partners at SOSV and run the fund’s programs around biotech and hardware. SOSV doesn’t shy away from startups building complex technology, and because of this, Wu and Winther are well placed to advise on fundraising. They presented three key points targeting startups fundraising for deep tech applications, but the points are applicable to startups of any variety.

Before giving advice, the two acknowledged the nuances across the deep tech ecosystem and each industry. Their presentation is focused on general guidance applicable to nearly every startup.

Finding the right investor

The first point on Wu and Winther’s presentation sounds a bit self-serving but is based on solid advice. When building a deep tech startup, find the right investor, they said. This is general advice for startups, but according to these two, it’s even more important when building a company that might take longer for the investor to see a return.

In deep tech, it’s essential to think about founder-investor fit. And what we mean by this is understanding why an investor is even in VC in the first place. And what it is that’s driving you, the founder, to do what you do.

And so we look at this fit as a Venn diagram between founders who have a near maniacal devotion to wanting to solve a core systemic problem and investors that thrive on the unique risk profile that comes in deep tech. Because with deep tech, we’re talking about both technical risk, where maybe that insight that is core to the company merely proves that we’re no longer having to break any laws of physics to do whatever it is you’re trying to do. So there’s a big technical risk. (Timestamp: 6:09)

We, as investors, love to see methodical founders who can see the first step that will converge at the right moment of technical and business milestones.

Set obtainable goals

Breakthrough technology hardly came from sudden breakthroughs. As explained in this presentation, it’s critical to set obtainable goals that lead to the desired outcome.

23 Jul 2021

SOSV partners explain how deep tech startups can fundraise successfully

Startups developing so-called deep tech often find it challenging to raise capital for various reasons. At TechCrunch Early Stage: Marketing and Fundraising, two experienced investors spoke on the subject and advised startups facing a challenging fundraising path.

Pae Wu and Garrett Winther are both partners at SOSV and run the fund’s programs around biotech and hardware. SOSV doesn’t shy away from startups building complex technology, and because of this, Wu and Winther are well placed to advise on fundraising. They presented three key points targeting startups fundraising for deep tech applications, but the points are applicable to startups of any variety.

Before giving advice, the two acknowledged the nuances across the deep tech ecosystem and each industry. Their presentation is focused on general guidance applicable to nearly every startup.

Finding the right investor

The first point on Wu and Winther’s presentation sounds a bit self-serving but is based on solid advice. When building a deep tech startup, find the right investor, they said. This is general advice for startups, but according to these two, it’s even more important when building a company that might take longer for the investor to see a return.

In deep tech, it’s essential to think about founder-investor fit. And what we mean by this is understanding why an investor is even in VC in the first place. And what it is that’s driving you, the founder, to do what you do.

And so we look at this fit as a Venn diagram between founders who have a near maniacal devotion to wanting to solve a core systemic problem and investors that thrive on the unique risk profile that comes in deep tech. Because with deep tech, we’re talking about both technical risk, where maybe that insight that is core to the company merely proves that we’re no longer having to break any laws of physics to do whatever it is you’re trying to do. So there’s a big technical risk. (Timestamp: 6:09)

We, as investors, love to see methodical founders who can see the first step that will converge at the right moment of technical and business milestones.

Set obtainable goals

Breakthrough technology hardly came from sudden breakthroughs. As explained in this presentation, it’s critical to set obtainable goals that lead to the desired outcome.

23 Jul 2021

Judge denies Wisk Aero’s request for preliminary injunction against Archer Aviation

Electric aviation startup Wisk Aero’s request for a preliminary injunction against rival Archer Aviation was denied by a federal judge Thursday, the latest in an ongoing legal battle over whether Archer stole trade secrets in developing its flagship Maker aircraft.

A full written opinion has not yet been published. In a tentative ruling filed earlier this week, Judge William Orrick said Wisk’s “evidence of misappropriation is too equivocal to warrant a preliminary injunction.” Wisk filed for the injunction in May; if it had been approved, it would have effectively put an immediate halt to Archer’s operations.

Wisk submitted to the court 52 trade secrets it alleges were stolen and used by Archer, and the injunction would have prevented Archer from using any of them until a final decision was issued in the suit. It’s an extraordinary request and it makes sense that Orrick would need to see more certain evidence of misappropriation.

“There are some arguable indications of misappropriation, but given how equivocal the evidence is, Wisk is not entitled to the extraordinary remedy of an injunction,” he said in the tentative ruling. “Because the merits are so uncertain, Wisk has also not adequately shown irreparable injury based on misappropriation. And the balance of hardships favors Archer because, without solid evidence of misappropriation, an injunction would gravely threaten its business.”

Wisk says the judge’s decision on the injunction has no bearing on the outcome of the case “and does not exonerate Archer in the least.”

“We brought this lawsuit based on strong indications of theft and use of Wisk’s IP, and the initial limited evidence gathered through the court process to date only confirms our belief that Archer’s misappropriation of Wisk’s trade secrets is widespread and pervades Archer’s aircraft development,” Wisk continued. “Following today’s ruling, Wisk will be allowed to begin collecting evidence in earnest.”

Wisk was established in 2019 as a joint venture between Kitty Hawk and Boeing, but its history with electric aviation stretches back much further. The company was originally founded in 2010 as Levt, which eventually merged with sister company Kitty Hawk. Wisk says it (as Kitty Hawk) zeroed in on a fixed-wing, 12-rotor design in 2016. It’s this design that’s the centerpiece of its debut aircraft, Cora.

Archer, by contrast, is newer to the field. Much of Wisk’s original complaint, filed in April, is predicated on the speed with which Archer is bringing its air taxi service to market. Archer also recruited many former Wisk engineers – including former employee Jing Xue, whom Wisk says downloaded nearly 5,000 files before his departure from the company, which it alleges he handed over to Archer.

When he was cross-examined, Xue pled the Fifth Amendment, invoking his right to not self-incriminate, citing an ongoing federal investigation.

Archer says Wisk has not brought forward any substantive evidence of the central claim of the lawsuit: that Archer received and used Wisk trade secrets. Wisk’s allegations are based on “conspiracy theories and outright misrepresentations,” Archer’s Deputy General Counsel Eric Lentell said.

“It is clear to us from Wisk’s actions in this case that after recognizing Archer’s momentum and pace of innovation, Wisk began abusing the judicial and criminal justice system in an attempt to slow us down to compensate for its own lack of success,” Archer co-founders Brett Adcock and Adam Goldstein said.

The court will hold a scheduling conference on August 11, where the judge will outline next steps for the case. A date for the trial has not been set.

The case is filed in the California Northern District Court under case no. 3:2021cv02450.