Fury Technologies filed a patent infringement complaint against drone manufacturer DJI Technology for infringing U.S. Patent Nos. 8,965,598 (“the ‘598 Patent”) and 9,352,833 (“the ‘833 Patent”). The patents concern “an automatic unmanned aerial vehicle (UAV) flight control system for solid modeling.” DJI’s infringing products include DJI Phantom 4, DJI Terra and DJI Construction Solution.
Fury Technologies alleges that DJI infringes the ’598 patent, entitled “Automatic Flight Control For UAV Based Solid Modeling.” Specifically, DJI allegedly infringes claim 1, which “recites an automatic aerial vehicle (UAV) flight control system for solid modeling.” Claim 1 of the patent states “[a]n automatic unmanned aerial vehicle (UAV) flight control system for Solid modeling, the system comprising: a UAV with an onboard camera; a controller capable of communication with a flight control module of the UAV, the controller configured to: determine an initial movement path based on an estimate of a structure to be modeled; capture images of the structure to be modeled…determine missing Surface information from the Surface hypothesis…” Fury claims that DJI uses all of the steps and elements in at least claim 1 of the patent.
DJI’s Accused products contain “a UAV with an onboard camera…[and]a controller capable of communications with a flight control module of the UAV.” In particular, DJI Phantom 4 has a “flight control system for solid modeling” with its site surveillance solution comprised of P4 RTK the company’s imaging platform, which contains a camera; D-RTK2 the GNSS mobile station and DJI Terra the image stitching tool. These create a mapping software for the user to “capture, analyze and visualize [the] environment.” The process works through: “mission planning,” “data acquisition,” “area mapping,” and “data analysis.” DJI Terra is a “controller” that communicates with DJI Phantom 4, “the flight control module.” DJI Terra communicates the initial path of movement, described as the mission type to DJI Phantom 4. This path can be modeled. As a result of these similarities, Fury accuses DJI of infringing the ’598 patent.
Fury Tech also claims that DJI infringes the ’833 patent, “Automatic Flight Control For UAV Based Solid Modeling.” In particular, Fury states that DJI infringes claim 11 of this patent, which “recites an unmanned aerial vehicle (UAV) system for 3D modeling.” Claim 11 is for “[a]n unmanned aerial vehicle (UAV) system for 3D modeling, the system comprising: a UAV capable of communication with a controller, the UAV configured to: receive an initial movement path from the controller, wherein the initial movement path is based on an estimate of a structure to be modeled; capture one or more images of the structure to be modeled, wherein the one or more images are captured by one or more cameras onboard the UAV: transmit the captured one or more images to the controller…”
Fury alleges that DJI utilizes the information contained in the patent. DJI infringes on claim 11 because DJI Phantom 4 allegedly contains a “system for 3D modeling.” DJI through P4 RTK, D-RTK 2 and DJI Terra allows that user to “build centimeter-accurate 2D and 3D maps for sites.” DJI Terra can help create 3D models, further, UAV DJI Phantom 4 can communicate with controller DJI Terra for surveying and capturing purposes. DJI Terra “communicates a mission details to a flight control module of a DJI Phantom 4…The DJI Terra can also edit the mission details.” Mission types include waypoints, mapping, oblique and corridor types. DJI Phantom 4 “receives an initial movement path…from the controller…DJI Terra…wherein the initial movement path is based on an estimate of a structure to be modeled.” DJI Terra creates flight paths and maps based on user parameters, the mapping feature can be enabled by the user in real time or after the flight. In conclusion, DJI Phantom 4 captures the images to be used for the 3D model created by DJI Terra using the camera on UAV DJI Phantom 4. Missing information is determined by these captured images. As a result of this information, Fury Technologies claims that DJI infringes on its patented information based upon these similarities and DJI’s products and methods.
Fury Technologies has sought a declaratory judgment of DJI’s infringement, a permanent injunction preventing the defendant from future infringement, an award for damages, pre- and post-judgment interest, an award for fees and costs, and other relief as determined by the court.
The complaint was filed in the Central District of California. Fury Technologies is represented by Insight, PLC.
