In Shenzhen, China's technology capital, two drone companies have hit the war in the United States, and even caused the attention of the Ministry of Commerce.
The Ministry of Commerce's early warning information disclosure column shows that on August 30th, US Autel Robotics filed an application to the US International Trade Commission (ITC) in accordance with Section 337 of the US 1930 Tariff Act, accusing Shenzhen Dajiang Innovation Technology Co., Ltd. and Its affiliates export to the United States, UAVs and their components sold in the United States or in the United States infringe their patents, requesting ITC to initiate 337 investigations and issue limited exclusion orders and prohibitions.
In the United States, Autel Robotics was actually a company established in the United States by 'Shenzhen Daotong Intelligent Aviation Technology Co., Ltd.'. After the news came out, domestic public opinion was stunned for a time, and it was considered that the Sino-US trade dispute was at a critical juncture. The company hurts the killer, belonging to the self-destructive Great Wall. Many people stand on the national justice and blame it. But if the background of the dispute is spread out, this is just a natural continuation of the intellectual property litigation of the two companies.
What is this mysterious company? Why did it launch an investigation into Dajiang in the United States?
Daotong Intelligence
Compared with Daotong Intelligence, Dajiang Innovation is more famous. Dajiang Innovation was founded in 2006. It is a college student entrepreneurship project. Founder Wang Wei is a graduate student of Hong Kong University of Science and Technology. He started his career very hard and has long been lack of interest. I also thought about foreign financing, and I met many venture capital institutions. At that time, no one was interested. Later, I attracted foreign investment ventures. Now despite the popularity of the VIE structure, DJI innovation is still a VIE structure. In March this year, DJI innovation again. Financing, with a valuation of $15 billion.
Starting from a bit of improvement, DJI Innovation was located in the Shenzhen University of Science and Technology Building, Hong Kong University of Science and Technology. It was only after a considerable scale that it moved to Skyworth Semiconductor Design Building, No. 18, Gaoxin South 4th Road, Nanshan District.
From the current Dajiang Innovation Headquarters to the northeast of 8.2 kilometers, it is Nanshan Zhiyuan, located near Shenzhen University City. It is to be built as an 'International Knowledge Innovation Village'. The park has 14 office buildings, which is very scientific and technological. Here The employees at work said that the main high-tech enterprises here, there will be government subsidies when they settle here, and the enterprises here will not be bad.
Daotong Smart is located in Building B1, close to an exit from Southern University of Science and Technology. From the 6th to the 10th floors, it is the channel intelligence and its affiliates, the 10th floor is the dining hall, and the side is a long strip of table, which is quite compact. On the other side, there is a table tennis table, which is a place for employees to entertain. The floor is covered with carpet. At noon, the staff rests and the lights are dark. After work, the staff is full of staff, in the lobby on the 9th floor, a foreign engineer. Working with an Apple computer.
In contrast, Daotong Intelligent's affiliated company, Shenzhen Daotong Technology Co., Ltd. is more famous. This company is engaged in the research and development, production and sales of diagnostic equipment and automotive electronics in the automotive aftermarket. It has planned to go public, and the sponsor institution is CITIC Securities, but the current status is to suspend the review, because the issuer actively requested the suspension of the review or other reasons that led to the failure of the audit work.
In 2014, Daotong Technology achieved operating income of 372 million yuan and net profit of 134 million yuan. The gross profit margin was good. From 2012 to 2014, the profit increased steadily. In the first quarter of 2015, the net profit was 27.59 million yuan. The share capital is 400 million shares. In Shenzhen, this scale is not large, but it is more than enough for listing requirements.
Daotong Technology plans to raise 793 million yuan, one of which is the industrialization of Datong UAV, with a planned investment of 185 million yuan. The construction address is in Guangming New District.
This is actually a channel intelligent project. Channel Intelligence was established on May 29, 2014. At that time, the registered capital was 10 million yuan, which is a 100% shareholding subsidiary of Channel Technology.
However, after the suspension of the listing of Daotong Technology, Daotong Intelligence has undergone a series of changes, and the registered capital has expanded from 10 million yuan to 335 million yuan. On September 30, 2017, the shareholders changed to Shenzhen Tongyuan Hechuang Investment Co., Ltd. 100 % held, changed again on May 25 this year, Li Hongjing holds 91.25% equity, Shenzhen Tongyuan holds 8.75%, and Li Hongjing also holds Shenzhen Tongyuan, which currently has a registered capital of 345 million yuan.
In other words, channel intelligence has become Li Hongjing's company, and has no connection with Daotong Technology's equity.
After Doton Smart USA launched a survey on Dajiang Innovation, it was said that Daotong Intelligence is a ZTE investment company. In fact, Daotong Technology did accept ZTE Investment. In October 2013, Daotong Technology introduced venture capital institutions, including Jinshi. , Dachen, ZTE Growth and other stocks, with a valuation of 880 million yuan. After that, through capital increase and increase, the capital will be expanded to 400 million shares. During this period, Daotong Intelligent is a subsidiary of Daotong Technology, Daotong There is still some connection between Intelligence and ZTE, but it is not.
The history of Daotong intelligent drone, founder Li Hongjing believes that it can be traced back to 2013.
Prosecute
In addition to this application to the US International Trade Commission (ITC) to launch a 337 investigation against Dajiang Innovation, in April this year, Daotong Intelligent was also named after its US company Autel Robotics in the US District Court for the Southern District of New York. Three companies (DJI Technology Inc., SZ DJI Technology Co. Ltd. and DJI Europe BV) filed a lawsuit claiming that Dajiang violated two of its US invention patents.
In the complaint, Daotong American Company said that many UAV products currently being sold in Dajiang are suspected of infringing on its patents, requiring the court to confirm the violation of the facts, stop the infringement, and compensate for the losses. In the complaint, Daotong American Company also At the same time, the jury is required to participate in the trial.
Interestingly, the two patents used to accuse DJI of innovation infringement were purchased from Honeywell International Inc. and a drone company called 'Draganfly Innovations Inc.' in Ottawa, Canada. The 174 patent is called 'Automatic Planning and Adjustment of Automatic Vehicle Speed', authorized on July 12, 2011, and transferred to Datong American Company on October 28, 2017. The patent mainly describes the drone acceptance from After the user's flight path, the direction and speed of the drone are adjusted by data such as the wind speed of the sensor to ensure a certain speed and path flight. Another, the 184 patent granted on February 16, 2016 is called 'Compact The type of unmanned rotating aircraft' mainly describes how the rotor of the multi-rotor UAV can maintain the stability of the drone by rotating. It was transferred to Datong American Company on December 5, 2017.
The Securities Times·e company reporter asked the channel intelligence company staff about this. Why are the two patents used for prosecution not originally intelligent? The company’s personnel responded that no matter who it is, it is now intelligent. Can be used to sue.
Patents that are not used in the hands of some people can be used in the hands of another person. Therefore, international patent transactions are very frequent. Some companies sell some relatively unimportant patents when they can protect themselves. To revitalize assets.
This is obviously a patent warfare layout for competitors, and it is a clamp on Datong's innovation for Dajiang innovation.
In fact, there are many patents in the United States in Dajiang. In addition to China's main battlefield, Europe and the United States are the main application areas. Considering the importance of the US market, as early as 2010, Dajiang began to deploy patents in the United States. Focus on aerial photography, film camera, remote tracking, battery technology.
337 The investigation targets imported products that infringe on US intellectual property rights and other unfair competition in import trade. The 337 investigation is different because the purpose of the US 337 investigation is to protect the domestic industry and prevent competitive products from entering the United States. The market, the United States launched a 337 investigation into China, which is to restrict China's exports in the United States, so that the United States has a more competitive advantage in the global industrial division of labor. It is rare for a Chinese company of a Chinese company to initiate a 337 investigation of a Chinese company.
Dajiang innovation said to the Securities Times·e company reporter that it is still in the litigation period, it is not convenient to respond to this.
Counter
In fact, according to people familiar with the matter, this is a counter-measure of Daotong Intelligence’s long-term litigation dispute against Dajiang.
As early as the beginning of 2015, DJI Innovations sued in Shenzhen for intelligence, saying that the latter infringed on its appearance patents - Dajiang Innovation accused Daotong Technology, and Daotong Intelligent violated its research and development of phantom unmanned aerial vehicles. Domestic and foreign patents, including the patent number CN201230425431.4 for the appearance of the product, the design patent for the name 'wingtom'. Also known as channel intelligence, the X-STAR unmanned flight was introduced to the market at the end of 2014. The appearance of the machine is similar to the plaintiff's 'phantom' design patent.
However, the Shenzhen Intermediate People's Court held that the alleged infringing products and patent designs were neither identical nor similar, and did not fall within the scope of protection of the patents involved. Dajiang Innovation refused to accept the report, and the Court of Final Appeal upheld the original judgment.
On January 30, 2016, at the International Toy Fair in Nuremberg, Germany, Daotong Intelligent was investigated by the local police court with a 'temporary ban' because the company's drone product X-Star was alleged to be suspected of design infringement, the informant It is Dajiang innovation.
In the country, it did not win, Dajiang innovation burned the war to the United States. In August 2016, Dajiang filed a lawsuit against the Delaware Federal District Court on the grounds of patent infringement. Dajiang accused Daotong of violating three of them. The US invention patent, and a US design patent, involving the upper and lower housing integration structure of the multi-rotor UAV, etc., the case has still been shown in the evidence discovery period. In May 2017, Dajiang Innovation is still in the West District of Washington. The Federal District Court filed a lawsuit against Daotong, still accusing the latter of infringing its patents. Finally, the case was transferred to the Delaware District Court in March 2018, and the two cases were combined.
In the IPO application materials, Daotong Technology mentioned that Dajiang Innovation had sued Daotong Technology for alleged infringement of trade secrets, but then did not enter the court to resolve it. It should be withdrawal before the trial. This is rather strange, probably the evidence insufficient.
DJI Innovation uses patents to protect its own rights and interests, not only for Daotong, but also initiates prosecution against many peers in China, and has also initiated prosecution against other peers in the United States.
As an industry leader, DJI Innovation can be said to be unique in the field of drones. Later, those who want to catch up, naturally have to think of some methods. Domestic media have reported that Daotong Technology is in the field of drones in Xinjiang.
As the capital of drones, Shenzhen has contributed more than 80% of the country's output value, accounting for about 70% of the global civil small drones, and has gathered more than 300 drone companies with annual sales of over 20 billion yuan. The annual growth rate is more than 30%. Shenzhen also formulated policies to support the development of the drone industry, and formulated the “Shenzhen Aerospace Industry Development Plan (2013~2020)”, in which drones are the key support areas.
At the beginning of 2014, the Securities Times reported on “Deciphering the Innovative UAV Soaring Password of Dajiang”, revealing the rapid growth of Dajiang Innovation. At that time, there were many drone companies in Shenzhen. Since then, many companies have invested in Man-machine industry.
According to reports, DJI Innovation's operating income in 2017 was 17.57 billion yuan, an increase of 80% year-on-year, and net profit was 4.3 billion yuan, a year-on-year increase of 123%. The majority of its income sources came from exports; Daotong Intelligent participated in 182 people. Compared with the innovation of Dajiang, the scale is much smaller. The two sides initiated litigation in the United States because the United States is the main market for drone sales and a market that neither side can lose.
In addition, the United States has a very complete intellectual property protection system. Huawei also has many intellectual property lawsuits in the United States.
Li Hongjing and his people
After a technology media published an article on the innovation of Datong Intelligent Cottages in Dajiang, Daotong Technology sued the media for 'commercial defamation disputes' and then proposed the "Settlement Agreement" as the founder of Daotong Technology. Li Hongjing is in the entrepreneurial group. It seems very personal. He also sued the Ford side, arguing that the other party is suspected of monopolizing.
After the article was published in the media, an article appeared on the Internet, "I advised Dajiang not to be a 'overbearing president', respecting market competition and fearing the law!" According to people familiar with the matter, this article was written by Li Hongjing, Li Hongjing firmly denied Shanzhai, said that as early as 2013, Daotong entered the field of drones, set up a research and development team including high-end overseas talents, invested more than 100 million yuan in research and development funds, and the three new drones of Datong were in the United States. The 48th International Consumer Electronics Show (CES) was unveiled.
Li Hongjing is a low-key person, rarely interviewed by the media. In 2016, he received an interview with Nandu and described his entrepreneurial experience: Li Hongjing interrupted his doctoral studies in the United States and returned to China. When he founded Daotong, Li Hongjing only had 50,000 yuan in deposits. In 2000, Li Hongjing, Wei Li, Zeng Ning invested in the establishment of Daotong Technology, with a registered capital of 500,000 yuan, of which Li Hongjing accounted for 40%, and the latter two each accounted for 30%. When Daotong Technology was founded, He only has three people in his own total, and two people who are truly full-time.
In the early stage of operation, because there were illegal activities in the change of industrial and commercial registration, there was an alternative shareholder signature. In 2007, the Shenzhen Industrial and Commercial Bureau penalized 50,000 yuan. However, in 2007, due to differences in business philosophy, both Dangerous and Zeng Ning will hold The equity was transferred to Li Hongjing, and Li Hongjing held 100% of the shares.
Li Hongjing said in an interview with the media that in 2006, he found a technical director in charge of the system. At that time, he gave an annual salary of 500,000 yuan. He also bought a brand new Ford Mondeo car for him. Later, the technical director did two years. I feel that I have resigned when I was too hard.
In 2010, Li Hongjing transferred his 90% stake to his wife Wang Shuping twice at a price of 2 yuan. In 2012, Wang Shuping transferred this part of the equity to Li Hongjing (originally, the two were divorced in March 2010), in order to ensure Li Hongjing paid compensation and transferred equity as a performance guarantee.
In 2010, Li Hongjing also transferred 10% of his shares to Li Hong at a price of 1 yuan. Li Hongjing said that in order to dig Li Hong, he went to and from him no less than 20 times and gave him 10% of the shares. The concept can be different, but The interests should be consistent, and there is no core engineer who quits to start his own business.
Li Hongjing is a native of Hunan. The company also has many people from Hunan. The director of Daotong Technology is currently stationed in Hunan. The insiders of the company said that if the secretary secret comes, the company will send a car to pick up. The company once had a product promotion department, but Li Hongjing Later I felt that I had to concentrate on technology and cut it off.
In an interview, Li Hongjing said that he should pursue technological innovation. He hopes to concentrate on the products. Less vicious competitors must have good profits in order to maintain long-term R&D and development.
This patent war, in Li Hongjing's view, does not know whether it is a vicious competition.