- Insta360 launched the Luna Ultra 8K vlogging camera on June 10
- DJI filed a lawsuit on the same day, claiming Luna had copied its DJI Pocket 3, only for Insta360 to file countersuits two days later
- Because of the ongoing DJI ban in the US, Insta360 could enjoy unrivaled availability there
Two days after DJI filed its Insta360 lawsuit, Insta360 defended its Luna cameras in a statement, and filed patent countersuits of its own. I've updated this article with details of the press release provided to me by Insta360.
No sooner has Insta360 unveiled its first vlogging cameras, the Luna Ultra and (upcoming) Luna Pro — which look set to enjoy unrivaled access to the US market because of the DJI ban — than DJI has filed an Insta360 lawsuit in the US, claiming they "blatantly copy" its Pocket 3.
For years, DJI has enjoyed near total dominance in the compact vlogging camera market with its hugely popular Osmo Pocket series, but now it faces two very real challenges: access to the US market, and the first serious-rival product.
DJI's latest and best vlogging camera, the Pocket 4, was launched in April this year, but the polished Pocket 3 successor is yet to make it to the US, given that DJI is on the FCC's 'Covered list', which currently affects any DJI products with a camera, not just its drones. So it's unlikely to hit US stores any time soon.
Meanwhile, Insta360 Luna cameras have made quite the impression. Despite being a first-generation product, the Luna Ultra is polished, and features a neat modular design that DJI Pocket cameras lack — check out my first impressions of the Luna Ultra, which I've been testing at length.
Now DJI is going straight for the jugular with its lawsuit, demanding that Luna cameras are banned. I've tested both cameras, and the user experience is very similar, but the crux of the situation is whether or not Luna cameras actually violate design and utility patents, as DJI claims in its lawsuit.
Insta360 has now filed two countersuits against DJI, related to "patents covering technology used in gimbal and 360-degree cameras". In a statement provided to TechRadar, Insta360 also defended its Luna cameras, saying "Luna Ultra is the result of years of independent R&D, not a response to any competitor's product."
The DJI / Insta360 rivalry just went up a notch
I spoke with Insta360 co-founder Max Richter at a pre-launch Luna event, and he told me the company was "not going to compete on price", but on premium and exclusive features. Specifically he was referring to the Luna's innovative removable remote, which features a 2-inch OLED screen, camera controls and built-in mic. Right now in the US, however, Insta360 doesn't need to rival DJI at all, because it has a clear field in that market.
But Insta360 faces a potential headache in the form of DJI's lawsuit. Petapixel reports that DJI has filed two patent lawsuits against Arashi Vision Inc. — which does business as Insta360 — covering two alleged violations of design patents and four utility patents.
The lawsuit claims that Luna cameras closely copy the design and features of the Osmo Pocket 3, claiming that “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.”
The suit adds: "From its silhouette to its feature set, the Accused Products mirror what DJI has spent the better part of a decade engineering and patenting for its innovative handheld gimbal camera systems.
"The visual similarity between the Accused Products and the DJI Osmo Pocket 3 design is striking. [As shown below,] the Accused Products share the same general proportions, the same gimbal-on-handle architecture, and the same component arrangement as DJI’s Osmo Pocket 3."
As for the four utility patents, DJI says that Insta360 Luna cameras and accessories "copy key features that make the DJI Osmo Pocket unique in the marketplace including DJI’s innovative subject-tracking technology, seamless gimbal-mode switching allowing the camera’s shooting direction to follow user movement of the handle, and a 'locked' mode to maintain a fixed shooting direction regardless of how the handle is moved."
DJI was clearly ready with this lawsuit, given that it was filed on the day the Insta360 Luna Ultra became officially available for purchase in leading US stores, including B&H Photo.
Many US-based vloggers will likely be watching the case with interest — they're already missing out on the excellent DJI Pocket 4, and they must be hoping that they won't also be denied the chance to buy Insta360's Luna cameras.
Now the rivalry has been raised another notch, with Insta360 filing its countersuit.
Insta360's response
In a statement provided to TechRadar, Insta360 founder and CEO JK Liu struck a defiant tone in his response to the DJI lawsuit and Insta360's countersuit, saying about the Luna cameras:
"Development began in 2020, with earlier Insta360 products including the ONE R, Link Series webcams, and Flow Series gimbals helping shape the technology and design direction behind Luna Ultra. DJI filing lawsuits on the same day we launched Luna Ultra speaks volumes — exposing their fear of competition from a highly competitive product."
Regarding the countersuit, the statements reads:
The company asserts that DJI infringed its patents relating to gimbal stabilization, gimbal directional control, camera smooth stabilization, telemetry overlay, and panoramic video stabilization. These technologies are incorporated into several major DJI products, including the Osmo Pocket series, Ronin/RS series, Osmo Mobile series, and Osmo 360.
Liu said, "We are fully committed to protecting our innovations and will take decisive action to defend our intellectual property from infringement."
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