It’s shaping up to be quite a big summer for the big action camera brands.
GoPro recently released its new Mission 1 Pro cinema camera. Insta360 just dropped its new Luna Ultra gimbal camera. And DJI is preparing to launch its new Osmo Pocket 4 Pro gimbal camera.
However, it seems things are heating up beyond just new product launches for the latter two competitors, DJI and Insta360.
DJI sues Insta360
Earlier this week, as PetaPixel reports, DJI filed two patent lawsuits against Insta360 over the company’s Luna series of cameras, such as the Insta360 Luna Pro and the new Insta360 Luna Ultra. DJI filed the suits the same day Insta350 released the new Luna Ultra for sale in the U.S.
“Insta360’s new Luna line of gimbal cameras, including but not limited to the Luna Ultra, supporting accessories, and the Insta360 mobile application (collectively, the “Accused Products”) blatantly copy DJI’s patented inventions wholesale,” says DJI
DJI is seeking a permanent injunction against Insta360, which would force the company to stop selling its Luna line of cameras, as well as monetary damages.
The first lawsuit from DJI alleges two design patent violations from Insta360. DJI claims that Insta360 is clearly infringing on its patents by copying the design of its DJI Osmo Pocket 3 camera. According to DJI, “the Accused Products are handheld gimbal cameras with integrated optics—the same product architecture pioneered by the DJI Osmo Pocket—and Insta360 markets them expressly as competitors to DJI’s Osmo Pocket line.”
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In the second lawsuit, DJI alleges that Insta360 committed four utility patent violations. The violations relate to patents covering the gimbal aspect of the camera, the tracking feature, and its operation.
Insta360 strikes back
In response to DJI’s lawsuits, Insta360 countersued, alleging five patent infringement claims against DJI.
“The company asserts that DJI infringed its patents relating to gimbal stabilization, gimbal directional control, camera smooth stabilization, telemetry overlay, and panoramic video stabilization,” says Insta360.
According to Insta360, DJI is violating its patents with multiple products, such as the Osmo Pocket series, Ronin/RS series, Osmo Mobile series, and Osmo 360.
What’s going on?
There’s no doubt that the Insta360 Luna Ultra and the DJI Osmo Pocket 4 Pro are very similar. As DPReview points out, both cameras are marketed as handheld vlogging cameras with “two lenses and integrated gimbals, and a similar form-factor.”
However, it’s not the first time this year that DJI sued Insta360 over its patents.
In March, DJI filed a lawsuit in China against Insta360, claiming that six drone-related Insta360 patents were developed by Insta360 employees who left DJI within one year. Under Chinese patent law, the timing of the employee’s departure from the company and the development of the patents may mean the patents actually belong to DJI. (And it should be noted that Insta360 announced a new drone brand shortly before the Trump administration’s ban on DJI drones went into effect.)
The timing of DJI’s lawsuits is significant.
DJI is unable to sell its DJI Osmo Pocket 4 Pro, along with a number of its other products, such as drones, in the U.S. because the U.S government, under President Donald Trump, has classified it as a “Chinese military company.”
With Insta360 launching the Luna Ultra this week, DJI is unable to actually compete with its biggest competitor in the niche gimbal camera industry that it essentially led over the years. Insta360’s Luna Ultra is filling a void in the U.S. that DJI is unable to fill. In response, DJI appears to be hoping patent law could bail them out from falling behind in the U.S. market.
