Insta360 Prevails in ITC Section 337 Investigation as Commission Finds No Violation

IP Forefront Column

On 27 February, Insta360 Innovation Co., Ltd. (688775.SH) issued an announcement confirming the final determination in the U.S. Section 337 investigation: the United States International Trade Commission (ITC) affirmed the Initial Determination and ruled that no violation of Section 337 was found with respect to all six patents asserted bt Gopro.

In its announcement, Insta360 stated: “This Section 337 investigation has not had any substantive impact on the Company’s production or operations. The Company will continue to import and sell its existing products in the United States without restriction.” During the investigation period, Insta360 maintained strong business growth. In 2025, the Company reported revenue of RMB 9.858 billion, approaching RMB 10 billion, representing a year-on-year increase of 76.85% and setting a new historical record.

Figure:Insta’s 360 2025 revenue approached RMB 10 bilion,up 76.85% year-on year,reaching a record high

Figure:Insta’s 360 2025 revenue approached RMB 10 bilion,up 76.85% year-on year,reaching a record high

Insta360 founder Liu Jingkang stated: “The ITC’s decision reaffirms what the industry has long recognised: Insta360’s technology is built on genuine innovation.” He added, “True innovators compete by building better tools. The ITC’s decision allows us to continue doing what we do best: empowering users through bold, boundary-pushing technology.”

The Collapse of a What Some Observers Called a“Saturation-Style”Patent Offensive

Section 337 investigations arise under Section 337 of the Tariff Act of 1930 of the United States and constitute unfair trade investigations conducted by the ITC to determine whether imported products infringe intellectual property rights. If a violation is found, the ITC may issue exclusion orders prohibiting the infringing products from entering the U.S. market. Due to their expedited procedures and severe remedies, Section 337 investigations have long been regarded as one of the principal legal barriers facing Chinese companies expanding overseas.

Unlike the common “one-against-many” industry-wide enforcement pattern frequently seen in Section 337 investigations, GoPro in this case filed six patent infringement allegations targeting only Insta360.Industry observers noted that this intensive “saturation-style” patent investigation appeared to extend beyond the ordinary scope of patent rights enforcement and carried characteristics of a competitive market-blocking strategy.

According to the ITC’s Final Determination, among the six patents asserted by GoPro, five patents (U.S. Patent Nos. 10,015,413; 10,958,840; 10,529,052; 10,574,894; and 11,336,832) were determined either not to be infringed or not to support a violation of Section 337. With respect to the remaining design patent (U.S. Design Patent No. D789,435), Insta360’s newly proposed design was also found by the ITC not to infringe the asserted design patent.

In a prior interview, Insta360 founder Liu Jingkang stated that he had “felt strong malice.” He disclosed that the Company incurred litigation costs exceeding USD 10 million in defending the case, noting that “many companies would not necessarily be able to afford such litigation.” He further emphasised, “True innovators compete by building better products. The ITC’s decision allows us to continue doing what we do best: empowering users through bold, boundary-pushing technology.” Insta360 attributed its stronger market performance compared to GoPro is the result of superior product quality and voluntary consumer choice, while the other half of its advantage comes from the “cliff-level” lead of China’s supply chain.

The investigation also triggered widespread discussion in overseas markets. One user commented: “GoPro seems to have lost its momentum for innovation and no longer competes through products, but instead uses patent litigation to compete with rivals.” Another user stated bluntly: “It was Insta360 that made panoramic cameras popular and drove the development of the entire action camera market. In that process, GoPro fell behind the market competition.”

Figure: Selected commentrs from overseas uswers

Figure: Selected commentrs from overseas uswers

Explosive Growth and the Decline of a Former Giant

During the investigation period, Insta360 maintained strong business growth. According to the Company’s 2025 annual performance report, it achieved total operating revenue of RMB 9.858 billion for the year, representing a year-on-year increase of 76.85% and setting a new historical record. The Company has ranked first globally in panoramic camera market share for eight consecutive years, with a global market share exceeding 85%.

This performance growth has been driven by Insta360’s continued market expansion and increased research and development investment. In 2025, Insta360 successively launched multiple new products, including the AI smartphone stabiliser Flow 2 Pro, the panoramic action camera X5, the thumb-sized camera GO Ultra, and the Yingling panoramic drone A1. In April of the same year, hundreds of consumers lined up outside Grand Central Terminal in New York in the early morning hours to purchase the newly released Insta360 X5 panoramic camera. In terms of research and development, Insta360 continued to increase its investment, reaching RMB 1.649 billion in 2025, with a focus on core areas such as custom chip development and strategic projects.

At the same time, GoPro, which once pioneered the action camera market, has faced significant development challenges. In 2025, its market capitalisation had declined by 98%, leaving only USD 254 million. Its global market share fell from over 75% at its peak to less than 20%. According to a report by Japan’s BCN, as of November 2025, GoPro’s share of the Japanese action camera market had fallen below 10%, while DJI and Insta360 together accounted for nearly 90%.

Figure: The markret shared of Chinese camera brands DJI and Insta360 continues to rise,gaining dominance in the Japanese market

Figure: The markret shared of Chinese camera brands DJI and Insta360 continues to rise,gaining dominance in the Japanese market

This article was initially published on the IP Forefront WeChat Official Account on 27 February 2026.https://mp.weixin.qq.com/s/1tr5TCa4e8YMTZm6-ahYBQ here for professional sharing.