The US International Trade Commission (USITC) announced on Wednesday that it will investigate whether cameras, imaging systems, and accessories produced by a Chinese company and exported to the United States infringe on patents, following a complaint from a US company.
GoPro, headquartered in San Mateo, California, specializes in the research and production of action cameras and accessories. The company has accused a Chinese company importing similar products to the US of patent infringement.
According to a public notice issued by the US International Trade Commission, the investigation under Section 337 of the 1930 Tariff Act applies to the defendants – Arashi Vision Inc in Shenzhen, China (also known as Insta360) and Arashi Vision (U.S.) LLC in Irvine, California.
GoPro has requested the Commission to issue an Exclusion Order (prohibiting infringing products from entering the US market) and a Cease and Desist Order (requiring wholesalers or retailers in the US to stop selling related infringing products), thereby prohibiting the import of Insta360 products.
GoPro’s complaint alleges that Insta360 products, including action cameras, 360-degree panoramic cameras and systems, as well as related mounting systems and frames, infringe on GoPro’s patents for “novel and proprietary SuperView, virtual lens, HyperSmooth, and Horizon Leveling technologies” used in their HERO and MAX series products.
The Commission stated that no decision has been made on the merits of the case when initiating this investigation.
The Chief Administrative Law Judge of the Commission will assign this case to an Administrative Law Judge (ALJ), who will conduct an evidentiary hearing. The judge will make an initial determination on whether there is a violation of Section 337, which will be subject to review by the Commission.
The Office of Unfair Import Investigations (OUII), one of the three functional units under the USITC, will not participate as a party in this investigation, as indicated in the Commission’s announcement.
The Commission indicated that it will make a final determination on the investigation as soon as feasible. Within 45 days of initiating the investigation, the Commission will set a target date for completion of the investigation.