Insta360 Intends to Prove the Luna Is Original, Not Based on DJI’s Patents

This morning, DJI filed two lawsuits in the U.S. District Court for the Eastern District of Texas against Insta360, asserting it violated both design and utility patents. Insta360 is preparing its defense.

DJI’s lawsuit specifically calls out the “ornamental design” of its Osmo Pocket cameras that are covered in two of its design patents and alleges Insta360 has violated both.

“At a minimum, [Insta360 has] had actual knowledge of each of the Asserted Patents and of their infringement thereof no later than the filing and service of this Complaint. Defendants’ continued importation, manufacture, use, sale, and offer for sale of the Accused Products, and associated acts to induce or contribute to infringement of the Accused Patents by users of the Accused Products, with knowledge of the Asserted Patents, constitutes willful infringement warranting enhanced damages,” DJI writes in its court filing today. It is one of several patents the company alleges Insta360 has violated.

Insta360 declined to comment on the lawsuits, which is standard for a publicly listed company involved in litigation. However, sources familiar with the matter tell PetaPixel that the company is taking legal preparations and is ready to file patent countersuits against DJI in the U.S. regarding multiple utility patents related to pocket gimbal cameras and 360-degree cameras — a direct response to DJI’s two lawsuits filed this morning.

According to PetaPixel‘s sources, the Luna series cameras are the result of years of independent research and development rather than a reactive product effort, which is how DJI is positioning the products in its lawsuits. Development on the Luna began in 2020, with earlier products including the ONE R, the Link Series, and the Flow Series supposedly helping shape the technologies and design direction behind Luna.

The sources go on to say that this dispute is not only about responding to DJI’s claims but also about asserting Insta360’s own innovation record and intellectual property position in the U.S. market.

Neither DJI nor Insta360 is likely to officially comment on the record about these lawsuits — or the one DJI filed in March related to drone imaging technology — until they are resolved.

Image credits: Insta360