Recently, GoPro revealed that the International Trade Commission had confirmed the company’s patents had been infringed by Insta360. Now, Insta360 has hit back with a press release of its own to counter those claims.
What did GoPro say?
In a press release, GoPro said that an Administrative Law Judge (ALJ) of the U.S. International Trade Commission (ITC) had released an Initial Determination. The company stated that the Initial Determination found that Insta360’s products had infringed GoPro’s patents.
These infringements related to a patent covering GoPro’s iconic HERO camera design. The ALJ also validated multiple patent claims covering GoPro’s HyperSmooth video stabilization.
What has Insta360 said?
Insta360 was quick to issue its own press release and also claimed victory in the case. The company stated that the ITC had rejected GoPro’s utility patent claims against it. Insta360 said that the ALJ had cleared it “completely” regarding five patents covering stabilization, horizon leveling, distortion and aspect ratio conversion.
Additionally, Insta360 said the ALJ had “confirmed that Insta360’s proactive design updates fall outside the scope of GoPro’s lone asserted design patent.”
“The U.S. International Trade Commission’s initial determination affirms what many in our industry already know: the future belongs to innovators, not litigators,” said JK Liu, founder of Insta360. “This isn’t just about Insta360. This is about an ecosystem where established players use litigation as a business strategy, hoping to stall faster, smarter, more agile challengers. We will continue to stand up for our products, our team, and the creative community we serve.”
What next?
So far, the ITC has just issued this Interim Determination. A final determination from the full Commission is expected by November 10, 2025. That should clear up any confusion over which company has won in this trade battle. Until then, Insta360 can continue to sell its full line of cameras in the U.S. without restriction. Also, Insta360 has some outstanding challenges over the validity of GoPro’s patents with the U.S. Patent and Trademark Office. Insta360 has initiated patent litigation in China against GoPro-affiliated companies as well.
What we think
From the press releases put out by GoPro and Insta360, you’d be forgiven for thinking that both companies had won. However, the nature of an Interim Determination is that it isn’t very detailed. As such, the companies have each applied a wide interpretation to claim victory. For the definitive answer, we will all have to wait until November at the earliest. There could also be further appeals on the decision, which could drag things out even further. Whatever the outcome, it looks like both GoPro and Insta360 are coming out fighting for the legal battle ahead.
