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The trade war between the US and China is getting surreal at times and threatens to deal a major patent blow to DJI.
The chief administrative judge of the ITC (International Trade Commission) has recommended a halt to imports of several models of DJI drones into the United States and a recall of them from stores under three patents filed by Autel and claimed in 2018.
Patents for which Autel is claimed by DJI
- First, a 2011 patent (at the dawn of the consumer drone world) that Autel filed for a waypoint flight system and systems that cause the drone to stop when it detects obstacles in its path (which we now know as a collision avoidance system) .
- Patent from 2016 (and valid until 2034), which registered the design of folding arms with motors at the ends and a system of quick disconnection of screws armed with these motors.
- Finally, a 2018 patent for drones that have removable batteries.
While the 2011 and 2018 patent claims (the latter of which is particularly ludicrous) were not upheld, it seems that this judge decided to go above and beyond the 2016 patent (complex levers and quick-release propeller systems). under consideration.
A few things are clear in this regard: the patent exists in the US and predates the original Mavic Pro, which was DJI’s first drone with foldable arms. The patenting of the system that allows the drone’s arms to fold along its own body, and how closely Autel’s patented designs resemble DJI drones (or vice versa) may be debatable. It’s also true that Autel didn’t have drones on the market yet. However, the complexity of the Mavics that have since been sold using this system is one of the brand’s big commercial appeals.
The DJI models directly affected by this allegation are: Mavic Pro, Mavic 2 Zoom and Mavic 2 Pro, Mavic Air and Spark. And it doesn’t stop there, as Autel is also pushing for a recall of the Phantom 4 and Inspire.
Is it realistic to recall the DJI drone?
In principle, no, and this is because one judge has stirred up the chicken coop so much. To move forward, the International Trade Commission would have to agree to this, and even if Autel’s lawsuit made it through the patent courts, it would likely be dismissed later. However, the small victory that Autel has already achieved is so amazing, and the weather in the US is so gloomy, that we can’t put our hands to the fire at the moment.
How will the recall of DJI products in the US affect us Spaniards?
To begin with, in the worst case scenario, this is an American decision that will only directly affect their own market, so it should not affect these drones, which have been developed, manufactured and sold around the world for quite some time now. the world, including Spain. Within the US, it may be a different story.
However, this will mean a giant blow to DJI’s economy, and it is possible that in the future (in the unlikely event that Autel’s lawsuit is successful to the end), DJI will have to change its designs that work so well to re-enter the US.
Finally, these conflicts are rarely resolved by the will of a judge or court, but more often than not, the defendant company and the plaintiff reach an economic settlement. This may be a sign that DJI is very confident that the judges will agree, but if there is an economic settlement, it could affect the price of its drones, at least in the US market.
Personally, many of us feel that Autel’s behavior is not good for the industry at all: charging the competition based on requirements is a shortcut to innovation, and competition is what allowed us to make quality drone videos. without the need for helicopters for this, but what is more surprising is the attitude of the American authorities who accept patents such as the one that the drone can carry or not removable batteries … In the middle of 2018. It is also true that the bottom of the matter needs to be contacted, to see if DJI ever copied Autel’s design.
While this matter is settled, we will still be aware of the next grotesqueries that this no-win trade war has in store for us.
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