Morrison Foerster (MoFo) has helped exonerate Chinese action camera company Insta360 from patent infringement allegations under a section 337 investigation that American competitor GoPro initiated two years ago in March 2024.
The US International Trade Commission (ITC) in a final ruling issued on 26 February that, with respect to the five utility patents asserted by GoPro, Insta360’s products did not infringe and the patent claims were invalid in whole or in part.
The ITC also found that certain older Insta360 products fell within the scope of one of GoPro’s design patents, however, those models were no longer sold in the US, and the Chinese company’s current product lineup did not infringe. MoFo represented Insta360 in the investigation, with partners Lily Li and Mark Whitaker leading the team. Key team members included partners Richard Hung, Mary Prendergast, Alex Yap and Ryan Malloy.
Li told China Business Law Journal: “This investigation was significant because section 337 is one of the most powerful trade remedies in the US, with the ability to exclude products from the US market on an accelerated timetable.”
“For other Chinese companies, this case demonstrates that with experienced section 337 counsel and proactive planning, even high-stakes ITC investigations can be effectively managed while preserving critical access to the US market,” she said.
Li said the decision “preserves Insta360’s continued right to import and sell its products in the United States without restriction”. She emphasised that the outcome “reflects a comprehensive strategy encompassing non-infringement and invalidity defences, expert testimony, sharp advocacy and targeted briefing before the commission”.
Insta360’s China marketing head Yuan Yue wrote on Weibo, a Chinese social media platform similar to X, that the company “spent more than USD10 million to prevail in the malicious litigation”.
Liu Jingkang, Insta360 co-founder and CEO, also took to Weibo to express his appreciation to in-house counsel, the external legal team and the ITC judge for what he described as a fair determination. He added: “Going forward, if industry peers use the Insta360 Ace series action camera technology covered by our currently valid patents in good faith, Insta360 will not proactively initiate litigation.”
GoPro said in a statement that the ruling “marks a significant reaffirmation” of its design patent rights. Nicholas Woodman, the company’s founder and CEO, said in the statement: “When competitors imitate instead of innovate, we have no choice but to take action to ensure creators everywhere benefit from products built on original ideas, not imitation.”
Under applicable rules, GoPro has the right to appeal within 60 days from the effective date of the ITC’s final ruling. It may also seek to resume the related proceedings before the US District Court for the Central District of California.
