Facts:
This patent was filed in 2013, three years before the Mavic Pro.
My Reading:
In reading the two embodiments of the patent, and the CLAIMS which is the key legal part, this is not a patent on prop attachments.
This is a patent on drone with folding arms, quickly removable prop mounts, and landing stabilizers on the arms.
The Mavic line is this patent.
List of Claims in the original 2013 patent granted in 2014
A rotary wing aircraft apparatus has arms extending from a body, and a rotor assembly attached to an end of each arm. Each rotor assembly has a rotor blade releasably attached by a lock mechanism. A clockwise rotor blade is releasably attached to a first rotor assembly by engagement in a...
patents.justia.com
I have not seen which claims are being upheld. I also can not find a DJI patent on a folding drone. Hmmm
I helped write a patent 20 years ago for interactive real-time auctions. Still not being done right.
The interesting thing is before we gave up, the USPO sent us several patents that were for eBay after eBay existed because they didn't understand the concept of realtime message-based interactions. The patent office was clueless about software process patents.
The way a patent is to be written is BROADLY SPECIFIC. Broad enough that someone can not make a small change and bypass it. Specific enough that it is NEW and now just a minor upgrade obvious upgrade. You break it up into claims related to the main invention, this gives you some room so if it ends up part of your design is not new. You lose that claim, not the whole patent.
Air 2 wasn't out when this ruling was being drafted. It will be covered. The mini might because of the **** screws that mount the prop have been excluded or maybe it's based on what was for sale when the filing happened. And Autel will file for extensions to the current ruling.
It appears right now that the patent was only filed in US and Cananda. Not unusual for small companies.
My reading of the patent says they have a solid case for getting royalties from DJI for EVERY Mavic drone sold in North America Ever until 2033 when the patent expires.
DJI has options:
- Pay up and move on.
- Stop selling directly to NA and count on Global and Grey market sales while AUTEL chases around grey market US sellers
- Walk away from the US and sell everywhere else.
If this patent is what I think it is, and I have not read the ruling yet to see what was protected, but if it is the FIRST PATENT for a folding drone...
It's not about damages to AUTEL, it's about the value of their invention to DJI. Which as their signature consumer-level drone is significant and as many say DJI is large, their deep pockets will take a hit. They will have to pay for EVERY MAVIC sold in North America (assuming Canada also enforces the patent) and they will have to keep paying for 13 more years. Being a direct competitor might increase their standing when they start going after damages and payments.
There is a GIANT house on Lake Washington near Seatte, in a prime location about a mile from Bill Gate's house that had to be built into the side of a bluff. That house was paid for because the owner, back in the 1960's thought "I wish there was a way I could have a machine on the outside of the bank that could let me get cash at all hours from my account. He described it and filed it. Banks came out with ATMS. He had the patent, they all paid him for years.
This is not like Trademark infringement or even some copyright law where there is fair use and you have to prove some loss.
The patent says, I invented this idea and have rights to legal compensation from any benefit from it for 20 years.
This patent is for a folding drone that looks so much like a Mavic, while possible, unlikely that it was coincidental. Even if it was, DJIs only defense would be to somehow show they invented the Mavic in 2013.
Steptoe has secured a significant trial victory for Autel Robotics USA at the US International Trade Commission (ITC). On March 2, the chief administrative law judge of the ITC found that SZ D…
www.suasnews.com
Parrot owns patents on folding landing gear and linked folding arms
DJI has 2017 patent on a new locking prop design.
In the long-term they may both have valid claims against the other, and when the courts are done. They settle on cross patent licenses and payments. Software companies do this all the time.
DJI has the problem that they are on the current U.S. Govt boogie man list. They may find they need to settle sooner unless some judged overrules the USITC.
