On February 26, 2026, the U.S. International Trade Commission (ITC) issued its final determination in the 337 investigation (Case No. 337-TA-1400) concerning GoPro's patent infringement claims against Insta360: Insta360 infringed GoPro's Design Patent No. D789435 but did not infringe Utility Model Patents No. 10958840 and No. 10529052.

According to the ruling, the ITC upheld its prior infringement determination and issued a Limited Exclusion Order and Cease and Desist Order against Insta360. These orders prohibit Insta360 from continuing to import, sell, or promote the infringing products within the United States. Both orders will take effect after completion of the Presidential review process.

Notably, Insta360 has modified its product design, and its proposed new appearance has been confirmed by the ITC as not infringing the involved patent. Currently, the previous generation of products falling within the scope of GoPro's design patent protection have ceased export to the U.S., and all products sold in the U.S. now adopt the new design.

Case Background:

In May 2024, GoPro initiated a Section 337 investigation with the ITC, alleging that cameras, video systems, and related accessories imported and sold by Insta360 infringed dozens of claims across five utility model patents and one design patent.

On July 11, 2025, the ITC preliminarily determined that Insta360 infringed only the D789,345 design patent. Regarding GoPro's five utility model patents, while some claims were found to fall within the scope of protection, they were ultimately invalidated, leading the ITC to reject the infringement claims. Concurrently, the Administrative Law Judge recommended in the ruling that the ITC issue a limited exclusion order and cease and desist order for the involved products. Based on price comparison results, the judge further recommended setting the import bond rate for the involved products at 0%.

On July 25, 2025, GoPro filed a request for review challenging the non-infringement determination of the five utility model patents, conditionally requesting review of issues related to the design patent. Insta360 filed a request for review challenging the design patent infringement determination, conditionally requesting review of issues related to the four utility model patents.

During the advancement of this 337 investigation, the U.S. Patent Trial and Appeal Board (PTAB) issued multiple rulings by the end of 2025, dismissing three invalidity challenges initiated by Insta360 against GoPro's utility model patents related to HyperSmooth stabilization technology and upholding the validity of several core GoPro utility model patents.

Attached Ruling