Trade judge’s findings over DJI vs Autel patent dispute to be reviewed again

According to a notice on the U.S. International Trade Commission website, the agency will review the trade judge’s findings from March over the obstacle avoidance (’174 patent), the propeller locking mechanism (’184 patent) and the battery clamp (’013 patent) dispute between DJI and Autel Robotics again. The target date for completing the investigation is August 10, 2020.

Trade judge’s findings over DJI vs Autel patent dispute to be reviewed again

Autel Robotics is seeking to stop the import and sales of some of DJI’s most popular drones in the United States. In the summary of the notice that was posted yesterday it says:

Notice is hereby given that the U.S. International Trade Commission (the “Commission”) has determined to:

(1) review in part certain findings of the final initial determination (“ID”) that certain accused products do not infringe claims 1 or 2 of U.S. Patent No. 9,260,184 (“’184 patent”);

(2) decline to review, and thereby adopt, the ID’s findings that there is no violation of Section 337 with respect to U.S. Patent Nos. 7,979,174 (“the ʼ174 patent”) and 10,044,013 (“the ʼ013 patent”);

(3) review whether to adjudicate products containing respondents’ allegedly redesigned rotor locking mechanisms;

(4) solicit briefing regarding the issues under review and remedy, the public interest, and bonding; and

(5) extend the target date for completing this investigation to August 10, 2020.

On March 2, 2020, Chief Administrative Law Judge Bullock issued a favorable initial determination for DJI that the ’174 patent claims were not infringed, were not practiced by any domestic industry product, were anticipated or rendered obvious by prior art, and were directed to an abstract idea and therefore invalid under 35 U.S.C. § 101. The judge found many of the accused DJI products did not infringe the ’184 patent claims.

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Haye Kesteloo

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