DJI on hook for $279m after losing patent infringement case

[db4476]

DJI loses patent infringement case brought by Textron and is liable for $279 million.

Read it here:

Cheers!

 

[anotherlab]

If this award holds up, Textron could potentially go after any drone maker that has the ability to hover in place and send back telemetry data.

 

[MAvic_South_Oz]

"Textron sued DJI in 2021, claiming several types of DJI drones with automatic hovering capabilities work in the same way as its patented technology."

I wonder if there are specific models using certain protocols were cited ?
It'll be interesting if DJI appeal (no doubt they will given the precedence that could be set) and what counter points they make ?

It can't be "DJI said at the time that it has never marketed or sold its products for military use in any country."
(Now THAT is something that could be debated in the current World scene.)
It's nothing to do with use, and all to do with actual patent specifics.

Is it simply the flight controllers ability to adjust to keep stable flight ?
Was this sort of tech in any product / market before Textron filed their patents ?
If so, their patents could be invalid.

About 20 years ago, I had someone say (via their high profile patent lawyer) that my products infringed their clients patents, cease and desist and all that.
I had to get a patent lawyer involved to put it quite clearly to them . . . that if they pursue that line, we can prove we were doing the tech and marketing our products well over a decade before they patented their 'concept', and we would engage action to recover all business / legal costs, and ensure their patents in numerous countries were made invalid due to the previous use we could show.
We heard no more from the company or their patent lawyers.

It'll be interesting to follow.

I'm kind of surprised though, $279m is really not a huge figure, either for patent infringement, or for DJIs deep pockets.
It could be they will just quietly pay them out if no other future actions are taken, but then we know the culture there doesn't like losing face at all, especially given the current US GOVCO / Chinese tensions (DJI products and World events).

 

[Walleye Hunter]

I'm not seeing what the exact infringement is and what models it affects. It would bite if all violating units had to be recalled and it covered all of them.

 

[CactusJackSlade]

I'm not seeing what the exact infringement is and what models it affects. It would bite if all violating units had to be recalled and it covered all of them.

Recalling is rarely a settlement method - it's almost always monetary, which is what this sounds like. The down side could be the loss of features, unless DJI is willing to pay a royalty on said features. It also sounded like they may appeal the decision.

 

[MAvic_South_Oz]

Lots of news articles out there, mostly copy of the OP link story.

There are a couple of others with more info . . .

Textron wins $279 million ruling in drone lawsuit in Waco's federal court

And especially this link which I haven't had time to go through right now . . .

Textron Innovations Inc. v. SZ DJI Technology Co., Ltd. et al

On 07/19/2021 Textron Innovations Inc filed an Intellectual Property - Patent court case against SZ DJI Technology Co , Ltd in U.S. District Courts. Court records for this case are available from Texas Western District Court.

unicourt.com

 

[spsphotos]

Don't think judgments in the U.S. can be against a Chinese company.

 

[orionshooter]

Don't think judgments in the U.S. can be against a Chinese company.

Seriously? You think the plaintiffs spent all that money pursuing a judgment they could never collect?

 

[spsphotos]

Seriously? You think the plaintiffs spent all that money pursuing a judgment they could never collect?

Would not be the first time.

 

[MAvic_South_Oz]

Don't think judgments in the U.S. can be against a Chinese company.

If they operate in the US, registered business etc, sales points, tax collection etc, I’m sure they can be pursued.
It would depend on patents and how and where lodged too.
China obviously from past tech development there is not really bothered about actually developing a lot of tech they use, rather reverse engineering other countrys tech and building exact copies.
We’ll known throughout all manufacturing sectors.

 

[karlblessing]

In 2018 they reported a worth of 15 billion dollars, and they've grown since then, so 279 million isn't going to sting that much, just might hurt their image more. Least they're not being ordered to pay royalties on each drone to to scrape that ability.

 

[Felix le Chat]

DJI loses patent infringement case brought by Textron and is liable for $279 million.

Read it here:

Cheers!

I seem to recall (at least over the last 40 years) that patent infringement and China are the oldest of friends... Good luck to any western business in successfully chasing down a Chinese company.

 

[danwnz]

What I don't get is that how any radio controlled device that can hover in place then would not be infringing, so pretty much any drone on the market, I guess they are all next.

As mentioned here, I don't think they will be able to pursue this to its full extent in China, sanctions on the product in the USA probably about it, as been the case with many other products.

 

[anotherlab]

Don't think judgments in the U.S. can be against a Chinese company.

That's not entirely correct. US judgments can be recognized and enforced in China.

In accordance with China’s Civil Procedure Law (source), foreign judgments can be recognized and enforced in China, if the case falls under any of the following circumstances:

i. The country where the judgment is rendered and China has concluded or acceded to pertinent international treaties, or
ii. The country where the judgment is rendered and China have established a reciprocal relationship.

The United States falls under ‘Circumstance II’ because:

(1) Chinese judgments were previously recognized and enforced by US courts.
(2) As the United States has recognized and enforced Chinese judgments, the Chinese courts conclude that there is a reciprocal relationship between the United States and China. Accordingly, the Chinese courts have recognized and enforced U.S. judgments in certain cases.


It gets fuzzy on IP, where China usually doesn't recognize US IP judgments. But liens can be placed on the US holdings of DJI in order to satisfy the award. And DJI could be blocked from selling any products in the US. So while legally, if DJI refuses to pay the award, China will not collect the money for the plaintiff, but being completely blocked from the US market would be a serious blow to DJI