GoPro and Insta360 both claim victory in trade tussle
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Action camera makers GoPro and Insta360, which have been embroiled in a patent dispute, both claim victory after the US International Trade Commission issued an order blocking unlicensed imports of some Insta360 cameras, finding the Chinese company infringed on US Patent No. D789,435, which covers the ornamental design shown in GoPro’s patent drawings.
The body cleared Insta360 of infringing two GoPro utility patents, leaving GoPro with an import ban tied only to product appearance—not to the stabilization or distortion-processing technology at the heart of the matter. The original dispute involved GoPro’s five utility patents relating to stabilization, horizon leveling, distortion, and aspect ratio conversion.
GoPro issued a statement:
The ITC confirmed that Insta360’s action camera products infringe GoPro’s design patent for its iconic HERO camera, reinforcing the integrity of GoPro’s visual identity in the marketplace. The ITC issued a Limited Exclusion Order to U.S. Customs and Border Protection to prevent further importation of Insta360’s infringing products, as well as a Cease and Desist Order to Insta360 prohibiting further importation, sale, and marketing of Insta360’s infringing products. The Orders will be effective after Presidential Review.
The ITC’s finding of design patent infringement comes on the heels of several decisions from the Patent Trial and Appeal Board (PTAB) late last year, which upheld the validity of multiple GoPro utility patents. The PTAB rejected three separate Insta360 challenges to patents covering GoPro’s ground-breaking HyperSmooth technology.
Insta360, trading as Arashi Vision Inc. (688775.SS), secured a complete victory in Investigation No. 337-TA-1400 as the U.S. International Trade Commission (ITC) issued a final determination in favor of the innovative 360 camera company.The Commission cleared Insta360 with respect to five utility patents relating to stabilization, horizon leveling, distortion correction, and aspect ratio conversion, confirming that the patents were invalid, not infringed, or both. The Commission also reversed the Administrative Law Judge (ALJ)’s prior finding of infringement as to the ‘052 patent relating to distortion and found additional non-infringement as to the ‘840 patent relating to stabilization.
In addition, the ALJ’s determination that Insta360’s updated product designs fall outside the scope of GoPro’s asserted design patent stands and is now final.
As a result of the Commission’s ruling, Insta360 will continue to import and sell its existing product lineup in the United States without restriction.
