Preservation and persuasion: inside Morrison Foerster’s ITC victory against GoPro

Lily Li spoke with Managing IP about Morrison Foerster’s defense of Insta360 in a high-stakes Section 337 investigation brought by GoPro, where the team secured a no-violation finding on all asserted utility patents and eliminated the risk of a broad exclusion order. She describes a strategy grounded in both preservation and persuasion—leveraging the tension between infringement and invalidity, anchoring defenses in real-world system prior art, and preserving issues across the ITC’s accelerated schedule. The interview also highlights how the team built a trial record designed to persuade at hearing and withstand de novo Commission review, sharpened the case to dispositive issues on Commission review, and advanced a narrative that repositioned Insta360 as the innovator.

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