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Timothy Coleman

DJI accuses Insta360 of 'blatantly' copying its Pocket 3 vlogging camera in new lawsuit, and demands ban on Insta360 Luna cameras

DJI Pocket 3 and Insta360 Luna Ultra vlogging cameras on clean and bright studio backgrounds.
  • Insta360 launched the Luna Ultra 8K vlogging camera on June 11
  • DJI filed a lawsuit on the same day, claiming Luna had copied its DJI Pocket 3
  • Because of the ongoing DJI ban in the US, Insta360 could enjoy unrivaled availability there

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.

Here's the DJI camera in question, the Osmo Pocket 3. (Image credit: Tim Coleman)

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 now 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."

And here's one of the Luna Ultra. The Luna Pro is a single-lens alternative which has more in common with the Pocket 3 (Image credit: Future / Tim Coleman)

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.

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