Morrison Foerster Secures Complete Victory for Insta360 in High-Stakes Section 337 Investigation

Morrison Foerster secured a complete defense victory for Insta360, a global leader in 360-degree camera technology, in Investigation No. 337-TA-1400 before the U.S. International Trade Commission. The Commission’s final determination clears Insta360 of all asserted utility patent claims and brings the investigation to a final resolution in the company’s favor.

The investigation involved five utility patents relating to camera technologies—including stabilization, horizon leveling, distortion correction, and aspect ratio conversion—and one design patent. Complainant GoPro sought exclusionary relief that would have barred the importation of Insta360’s flagship products into the United States. That attempt was rejected in its entirety.

Following a full evidentiary hearing and post-hearing briefing, the Commission resolved all five asserted utility patents in Insta360’s favor, finding the asserted claims invalid, not infringed, or both. The Commission also reversed the Administrative Law Judge’s (ALJ) prior infringement finding as to the ’052 patent relating to distortion and identified an additional non-infringement ground for the ’840 patent relating to stabilization.

In addition, the ALJ’s previous determination that Insta360’s proactive design updates fall outside the scope of GoPro’s asserted design patent (D’435) stands and is final. The limited exclusion order applies only to certain older models of Insta360’s Ace series and does not affect its current product lineup in the United States. Together, these rulings preserve Insta360’s continued right to import and sell its products in the United States without restriction.

The victory reflects a comprehensive litigation strategy encompassing non-infringement and invalidity defenses, expert testimony, sharp advocacy, and targeted briefing before the Commission. The outcome avoided the risk of exclusion and cease-and-desist orders that could have materially disrupted U.S. operations for a leading consumer electronics manufacturer.

The Morrison Foerster team was led by partners Lily Li and Mark Whitaker, and included Rich Hung, Mary Prendergast, Alex Yap, Ryan Malloy, Stella Mao, Evelyn Chang, Jenna Seleznick, Kristen Lai, Sam Meyer, Jean Nguyen, Bryan Blumenkopf, Anna Yuan, and Tony Kwok.