Editor’s Note: This article originally appeared on Sound & Video Contractor.
Update: A representative for Insta360 has since reached out to clarify: “The only patent found both infringed and valid is a design patent (D789,435) – and Insta360 has already implemented design updates that fall outside its scope.”
The International Trade Commission (ITC) began investigating Insta360 last year following a complaint made by GoPro that the camera company had infringed upon patents relating to “novel and proprietary SuperView, virtual lens, HyperSmooth, and Horizon Leveling technology,” as reported by Reuters. The investigation has now concluded, with an ITC judge ruling in GoPro’s favor.
In a GoPro press release, the company claims “Insta360 infringed on a patent covering GoPro’s iconic HERO camera design,” and states that the ruling represents “its validation of multiple patent claims covering GoPro’s industry-leading HyperSmooth video stabilization.”
In a perplexing move, Insta360 paints the ruling in a different light, characterizing it as finding “GoPro’s five utility patents relating to stabilization, horizon leveling, distortion, and aspect ratio conversion are invalid, not infringed, or both.”
“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. “While GoPro sought to block competition by asserting a wide array of patents, the majority of those claims were either found not to be infringed or ruled invalid. That speaks volumes.”
Insta360 says that the ruling will not affect any US availability of its products. While this ruling is an “initial determination,” GoPro says that a final determination “on all of GoPro’s infringement claims against Insta360” is to be made by November 10th.
