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MoFo Secures Favorable U.S. ITC Initial Determination for Insta360

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Morrison Foerster secured favorable U.S. ITC initial determinations for Insta360, a leader and innovator in 360 cameras. The...

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Morrison Foerster secured favorable U.S. ITC initial determinations for Insta360, a leader and innovator in 360 cameras. The initial ruling confirms the non-infringement or invalidity of GoPro's utility patents (Investigation No. 337-TA-1400). The ITC administrative law judge ruled that GoPro's five utility patents relating to stabilization, horizon leveling, distortion, and aspect ratio conversion are invalid, not infringed, or both. In addition to clearing Insta360 completely as to these five patents, the Administrative Law Judge confirmed that Insta360's proactive design updates fall outside the scope of GoPro's lone asserted design patent (U.S. Patent No. D789,435).Insta360’s vast product lineup includes the world's best-selling 360° cameras in the X Series, the thumb-sized GO Series for everyday capture, as well as an extensive range of action cameras, gimbals, webcams, and professional photography solutions. The ITC's preliminary determination does not affect Insta360's U.S. product availability or its global operations. The company continues to manufacture and sell its full line of cameras without restriction.The MoFo team was led by Palo Alto IP litigation partner Lily Li and Washington, D.C. IP litigation partner Mark Whitaker with assistance from San Francisco litigation partner Rich Hung, Washington, D.C. IP litigation partner Mary Prendergast, and Los Angeles IP litigation partners Alex Yap and Ryan Malloy. Read <a href="https://www.prnewswire.com/news-releases/insta360-issues-statement-on-us-itc-initial-determination-302503523.html" target="_blank">Insta360’s press release</a>.

MoFo Secures Favorable U.S. ITC Initial Determination for Insta360

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Lily Li is a partner in the firm’s Intellectual Property practice and Head of Litigation in the Palo Alto office. She represents technology companies in high-stakes patent, trade secret, copyright, trademark, and licensing disputes, as well as complex commercial matters. With an engineering background, published research in artificial intelligence, and prior in-house semiconductor leadership experience, Lily brings technical fluency and seasoned judgment to complex disputes and has led and tried bet-the-company cases. Her practice spans state and federal courts, the International Trade Commission, arbitration tribunals, the U.S. Patent and Trademark Office, and cross-border proceedings. She has experience in technologies including semiconductors, artificial intelligence, software and hardware systems, autonomous driving, aviation, wireless communications, medical devices, and pharmaceuticals.Before entering private practice, Lily served in an in-house leadership role at a semiconductor company, leading patent prosecution, licensing strategy, and global intellectual property portfolio development.She maintains an active pro bono practice focused on human rights and educational equity. She helped lead the team in Cayla J. v. State of California, which secured a historic $2 billion settlement addressing pandemic-related learning loss.Lily earned her bachelor’s degree in electrical engineering and conducted graduate research in artificial intelligence, publishing in IEEE Transactions on Neural Networks. She is admitted to practice in California, before the U.S. Patent and Trademark Office, and the U.S. Court of Appeals for the Federal Circuit.

Lily Li

Partner

Mark Whitaker is a leading member of the firm’s Intellectual Property Litigation practice and has more than 35 years of experience crafting legal strategies in high-stakes patent and trade secret litigation. Mark sees the whole board for each of his clients and works closely with them to define a successful litigation outcome and determine the best path to achieve that goal. He has extensive experience navigating the rules and procedures in the nation’s top patent litigation venues, including U.S. district courts, the International Trade Commission (ITC), and the Court of Federal Claims.Mark regularly acts as lead counsel in matters involving technologies such as semiconductors, photo/optical technologies, chemicals, and database analytics. His clients do business in a broad range of industries including pharmaceuticals, medical devices, consumer products, and telecommunications. He often leads a team of MoFo lawyers representing several defendants in parallel multipatent litigations.A past president of the American Intellectual Property Law Association (AIPLA), Mark was elected to their prestigious Fellows membership in 2019. He is a frequent speaker at the American Bar Association, AIPLA, the Practising Law Institute, the Minority Corporate Counsel Association, and at numerous CLE events all over the country.Mark is a veteran of the U.S. Navy, having served first as a surface warfare officer and later as a member of the Navy Judge Advocate General’s Corps. Drawing on this background, he currently leads the firm’s MoFoVets affinity network. Following his military service, he began his private practice legal career as a commercial litigator before concentrating on IP and technology litigation.

Mark L. Whitaker

Rich is a nationally recognized intellectual property litigation attorney, with nearly 30 years of experience helping clients protect, enforce, and defend their most valuable IP assets in high-stakes disputes. He has served as global co-chair of the firm’s Litigation Department and spent a decade leading the firm’s Intellectual Property Group, advising clients at the intersection of cutting-edge technology and complex litigation. Rich co-chairs the Semiconductors Industry Group.A registered patent lawyer, former Federal Circuit clerk, electrical engineer, and seasoned trial lawyer, Rich brings a rare combination of technical training and litigation experience to every matter. He represents clients across the full spectrum of intellectual property law, including patent, copyrights, trademark, and trade secret litigation and has handled over 150 IP matters over the course of his career. Rich has tried over a dozen cases to verdict or final award and regularly represents clients in state and federal trial and appellate courts, before the Patent Trial and Appeal Board (PTAB), and in arbitration proceedings.Rich’s practice spans a wide range of advanced technologies, including software, cryptography, semiconductors, consumer electronics, and medical devices. In addition to litigation, he frequently advises clients on strategic offensive and defensive patent licensing and acquisition issues.Rich earned dual bachelor’s degrees in electrical engineering and economics from Stanford University and received his law degree from Columbia Law School, where he was a James Kent Scholar, a recipient of the Carroll G. Harper Prize, and a moot court editor. During law school, he clerked for the Honorable Sonia Sotomayor, then of the U.S. District Court for the Southern District of New York. After graduating, Rich clerked for the Honorable Paul R. Michel of the U.S. Court of Appeals for the Federal Circuit.He maintains an active pro bono practice and is deeply engaged in public service. Since 2014, Rich has served as a Neutral Commissioner on the San Francisco Rent Stabilization and Arbitration Board. He also served two terms as president of the Asian Law Alliance and continues to serve on its board of directors. The organization provides pro bono legal assistance to the Asian and Pacific Islander community in Silicon Valley. Rich is a fellow of the American Bar Foundation.Earlier in his career, Rich tried multiple criminal cases—all to favorable verdicts—while serving with the San Francisco District Attorney’s Office.Outside of his legal practice, Rich is an avid endurance athlete and has completed five Ironman triathlons. His training reflects the same discipline, preparation, and resilience that characterize his approach to complex litigation.<h4>Representative Matters</h4><ul><li>Smartphone Litigation. Member of team that successfully tried a high-profile smartphone case, leading to a jury verdict of over $1 billion.</li><li>Whirlpool Corp. v. TST Water LLC (Eastern District of Texas). Led Whirlpool team that obtained $7.6 million jury verdict and willfulness finding against TST Water in a patent case involving refrigerator water filters.</li><li>Good Technology Corp. v. AirWatch, LLC (Northern District of California). Defended AirWatch against assertions of four patents by a competitor. The case settled after expert discovery.</li><li>Data Speed Technology LLC v. VMware, Inc. (District of Delaware). After every other defendant settled or was dismissed, convinced plaintiff to walk away and dismiss case against client VMware with prejudice.</li><li>Unified Messaging Solutions v. VMware, Inc. (Northern District of Illinois). Represented VMware in a patent infringement suit brought by a non-practicing entity alleging infringement by VMware’s Zimbra webmail product.</li><li>Augme Technologies LLC v. Yahoo!, Inc. (Northern District of California). Represented Yahoo! in a patent infringement suit involving Internet display advertising and media playback. Won summary judgment of non-infringement on Augme’s two asserted patents, and Augme stipulated to infringement of one of Yahoo!’s patents. The case was affirmed on appeal.</li><li>Discovery Communications, Inc. v. Amazon.com, Inc. (District of Delaware). Represented Discovery Communications in a patent infringement suit against Amazon.com alleging infringement by Amazon’s Kindle of Discovery’s patents for e-book reader technology. The case settled after a favorable claim construction ruling.</li><li>Medtronic Spine LLC v. Cozmed, LLC (Northern District of California). Obtained consent judgments of patent infringement and trade secret misappropriation against infringers in a matter involving balloon kyphoplasty.</li><li>Waugh v. Doyle, et al. (Northern District of California). Represented plaintiff in civil rights lawsuit. Court entered substantial monetary judgment in plaintiff’s favor prior to trial.</li></ul>

Richard Hung

Mary is a trial lawyer with extensive experience litigating patent and trade secrets cases in courts across the country and at the International Trade Commission (ITC). In particular, Mary helps clients navigate the unique procedural and substantive challenges (and opportunities) presented by the ITC. Recognized by Legal500, clients have noted that Mary “has deep knowledge of Section 337 practice and procedure and is a strong strategic thinker.” Mary is co-head of the litigation department in Washington, D.C. and an editor of the <a href="/itc" target="_self">MoFo@ITC</a> guide to Section 337 investigations.  Over the past 15 years, Mary has represented some of the world’s largest life sciences and technology companies in high-stakes IP litigation matters. She has tried cases in many areas of technology including semiconductors, medical devices, pharmaceuticals, and consumer electronics, and was a member of the trial team for high-profile smartphone litigation resulting in verdicts of over $1 billion. Mary has substantial experience with Hatch-Waxman and BPCIA litigation, and has argued before the Patent Trial and Appeal Board (PTAB).With an active pro bono practice, Mary has evaluated potential cases for the California Innocence Project, represented tenants seeking to remedy dangerous housing conditions, obtained asylum for activists fleeing political persecution, and worked on civil rights matters with the ACLU. Mary also serves on MoFo’s Women’s Strategy Committee, where she focuses on advancing women within the firm and the profession as a whole. Mary received her J.D. from the University of California, Los Angeles, where she was editor-in-chief of the UCLA Journal of International Law & Foreign Affairs. She received her B.F.A. cum laude from the University of Notre Dame.Mary has worked as a law clerk for the California Attorney General’s Office, and as a legal extern at the Department of Defense General Counsel’s Office for International Affairs.

Mary Prendergast

Alex Yap co-chairs the firm’s Post-Grant Strategy + Disputes practice and is a member of Morrison Foerster’s IP Litigation practice. As a former administrative patent law judge at the U.S. Patent and Trademark Office (USPTO), he helps clients navigate post-grant adversarial proceedings before the PTAB. He focuses his practice on America Invents Act trials before the PTAB, as well as IP litigation matters.Prior to rejoining the firm, Alex served as an administrative patent judge at the USPTO in San Jose, California. In that capacity, he presided over more than 200 ex parte appeals, inter partes reviews, and covered business method patent proceedings.Utilizing his electrical and computer engineering degrees and experience from senior engineering roles, Alex spent 11 years at MoFo advising technology clients on patent litigations. During that time, he was involved in more than 30 USPTO reexamination/review proceedings and obtained cancellations of asserted claims in numerous cases.Prior to becoming a lawyer, Alex spent more than four years as a circuit design engineer for Freescale (formerly Motorola, Inc.) and Analog Devices, Inc., designing embedded non-volatile (flash) memories and asymmetric digital subscriber line chipsets. During that time, he developed extensive expertise in computer hardware and software architecture, communication systems, digital and analog circuit design, and digital signal processing. He has published numerous technical articles in trade journals and is an inventor on multiple U.S. patents.Alex received his B.S. and M.S. in electrical and computer engineering from the University of Wisconsin, Madison, in 1993 and 1998, respectively, and his J.D., magna cum laude, from the University of Minnesota Law School in 2005. He was an editor of The Minnesota Law Review and was elected to the Order of the Coif.Alex is a member of the California State Bar and is registered to practice before the USPTO. He is also a member of the American Association of Patent Judges.

Alex Yap

An electrical engineer by training, Ryan Malloy represents the world’s leading technology companies in their most important IP disputes.Ryan’s 18 years of IP litigation experience include several victories in cases that received national media attention.  He combines tenacious advocacy with a deep understanding of his clients’ businesses and technologies. Before earning his J.D. from Harvard Law School, Ryan pursued graduate studies in electrical engineering. He designed novel semiconductor devices and fabricated them in cleanrooms at UC Berkeley and Georgia Tech. He now draws on his engineering expertise in litigating technically complex matters.

Ryan Malloy

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