On September 26, the US International Trade Commission voted to initiate a 337 investigation of a specific UAV and its components (CertainUnmannedAerialVehiclesandComponentsThereof) (survey code: 337-TA-1133).
As early as August 30th, US AutelRobotics USALLCofBothell, Washington filed a 337 investigation application with the US ITC in accordance with Section 337 of the US 1930 Tariff Act, accusing Shenzhen Dajiang Innovation Technology Co., Ltd. and its affiliates of exporting to the United States. U.S. imported or unmanned UAVs and their components (UnmannedAerialVehiclesandComponentsThereof) infringe on their patent rights, requesting ITC to initiate 337 investigations and issue limited exclusion orders and prohibitions.
The US International Trade Commission will determine the end of the investigation within 45 days of filing. In addition to the US Trade Representative's veto based on policy reasons, the US International Trade Commission's relief order issued in 337 cases came into effect on the date of publication and after the date of publication. It will have final effect from the 60th.
Public information shows that US Autel Robotics is actually a company established in the United States by 'Shenzhen Daotong Intelligent Aviation Technology Co., Ltd.' 337 investigation aims to prohibit all unfair competition, or export any unfair trade behavior in the United States. According to the analysis of the people, because the purpose of the 337 investigation in the United States is to protect the domestic industry and prevent competitive products from entering the US market, the United States initiated a 337 investigation into China, which restricts China’s exports to the United States and allows the United States to divide its global industrial division. There is a competitive advantage, and it is rare for a US company of a Chinese company to initiate a 337 investigation of a Chinese company.
According to relevant media reports, the patent war between Datong Intelligent and Dajiang has been played for more than three years. In addition to this application to the US International Trade Commission (ITC) to launch a 337 investigation against Dajiang Innovation, in April this year, Tongzhi also filed a lawsuit against DJI Technology Inc. (SZDJI Technology Co. Ltd. and DJIEurope B.V.) in the Federal District Court for the Southern District of New York, USA, in the name of its US company Autel Robotics, claiming that Dajiang violated its 2 US invention patent.
In fact, this 337 investigation application can be regarded as a smart pair. Dajiang A counter-measure implemented by the company. As early as the beginning of 2015, DJI Innovation in Shenzhen sued Daotong for infringing its appearance patent. However, the Shenzhen Intermediate People’s Court held that the alleged infringing product and patent design were neither identical nor similar. Not falling within the scope of protection of the patent in question, 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 August 2016, Dajiang filed a lawsuit against the Delaware Federal District Court on the grounds of patent infringement. Dajiang accused Daotong of infringing on three US invention patents, and one US design patent, involving multiple rotors. The integrated structure of the upper and lower casings of the drone, etc., the case still shows that it is in the period of evidence discovery. In May 2017, DJI Innovation also filed a lawsuit against Daotong in the Federal District Court of the Western District of Washington, still accusing the latter. The patent was finally transferred to the Delaware District Court in March 2018, and the two cases were combined.