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MoFo Secures Favorable U.S. ITC Initial Determination for Insta360

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Morrison Foerster secured favorable U.S. ITC initial determinations for Insta360, a leader and innovator in 360 cameras. The...

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Morrison Foerster secured favorable U.S. ITC initial determinations for Insta360, a leader and innovator in 360 cameras. The initial ruling confirms the non-infringement or invalidity of GoPro's utility patents (Investigation No. 337-TA-1400). The ITC administrative law judge ruled that GoPro's five utility patents relating to stabilization, horizon leveling, distortion, and aspect ratio conversion are invalid, not infringed, or both. In addition to clearing Insta360 completely as to these five patents, the Administrative Law Judge confirmed that Insta360's proactive design updates fall outside the scope of GoPro's lone asserted design patent (U.S. Patent No. D789,435).Insta360’s vast product lineup includes the world's best-selling 360° cameras in the X Series, the thumb-sized GO Series for everyday capture, as well as an extensive range of action cameras, gimbals, webcams, and professional photography solutions. The ITC's preliminary determination does not affect Insta360's U.S. product availability or its global operations. The company continues to manufacture and sell its full line of cameras without restriction.The MoFo team was led by Palo Alto IP litigation partner Lily Li and Washington, D.C. IP litigation partner Mark Whitaker with assistance from San Francisco litigation partner Rich Hung, Washington, D.C. IP litigation partner Mary Prendergast, and Los Angeles IP litigation partners Alex Yap and Ryan Malloy. Read <a href="https://www.prnewswire.com/news-releases/insta360-issues-statement-on-us-itc-initial-determination-302503523.html" target="_blank">Insta360’s press release</a>.

MoFo Secures Favorable U.S. ITC Initial Determination for Insta360

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Lily Li is a partner in the firm’s Intellectual Property practice and head of the litigation department in the Palo Alto office. She has represented companies in high-stakes patent litigation, trade secret matters, competitor cases, non-practicing entity assertions, and commercial disputes.Leveraging her in-house experience and technical expertise, Lily partners with clients to develop legal strategies that achieve their business objectives.  Lily has litigated before state and federal courts, the International Trade Commission, arbitration tribunals, and the U.S. Patent and Trademark Office.  She also frequently advises domestic and international clients in complex cross-border disputes. Her matters have spanned a wide range of technologies, including computer hardware and software, semiconductors, autonomous driving, aviation, consumer electronics, wireless communication, medical devices, and pharmaceuticals. Lily has been repeatedly recognized as one of the “Ones to Watch” by Best Lawyers, a “Rising Star” by Managing IP, and a “Rising Star” by Super Lawyers.Lily is devoted to promoting justice and committed to pro bono work. She has volunteered countless hours to litigate matters to champion human rights and improve children’s public education.During and before law school, Lily was an intellectual property manager for a semiconductor company, where she prosecuted patent applications and strategized the company’s global patent portfolios. Lily earned her bachelor’s degree in electrical engineering. She also studied and researched artificial intelligence during graduate school and published articles, including in the IEEE Transactions on Neural Networks.Lily is a native Mandarin speaker and is admitted to practice in California and before the U.S. Patent and Trademark Office and Federal Circuit.

Lily Li

Partner

Mark Whitaker is co-chair of the firm’s Intellectual Property Litigation Practice and has more than 30 years of experience crafting legal strategies in high-stakes patent and trade secret litigation.Mark sees the whole board for each of his clients, and works closely with them to define a successful litigation outcome and determine the best path to achieve that goal. He has extensive experience navigating the rules and procedures in the nation’s top patent litigation venues, including U.S. district courts, the International Trade Commission, and the Court of Federal Claims.Mark regularly acts as lead counsel in matters involving technologies such as semiconductors, photo/optical technologies, chemicals, and database analytics. His clients do business in a broad range of industries including pharmaceuticals, medical devices, consumer products, and telecommunications. He often leads a team of MoFo lawyers representing several defendants in parallel multipatent litigations.A past president of the American Intellectual Property Law Association, Mark was elected to their prestigious Fellows membership in 2019. He is a frequent speaker at the American Bar Association, the Practising Law Institute, the Minority Corporate Counsel Association, and numerous CLE events all over the country. He is also the current co-chair of MoFo’s Diversity Strategy Committee, building on decades of experience leading law firm diversity and inclusion efforts. Additionally, Mark currently serves on Law360’s Intellectual Property Editorial Advisory Board, having been selected twice since 2021.Mark is a veteran of the U.S. Navy, having served first as a surface warfare officer and later as a member of the Navy Judge Advocate General’s Corps. Following his military service, he began his private-practice legal career as a commercial litigator before concentrating on IP and technology litigation.

Mark L. Whitaker

Rich is the Global Co-Chair of Morrison Foerster’s Litigation Department. He previously co-led the firm’s IP Litigation Group and the cross–disciplinary Intellectual Property Group for over a decade. He brings his knowledge as a registered patent lawyer and a Federal Circuit clerk to lead complex technology matters for clients in state and federal trial and appellate courts. He has represented plaintiffs and defendants in high–stakes patent litigation, competitor‑on–competitor cases, non–practicing entity assertions, and trade secret misappropriation disputes—obtaining consent judgments in multiple cases. Rich also represents clients in adversarial proceedings before the U.S. PTO and counsels clients on strategic offensive and defensive patent licensing and acquisition issues. His matters have spanned a broad range of technologies, including:<ul><li>Internet search</li><li>Cryptography</li><li>Programmable logic devices</li><li>Graphical user interfaces</li><li>Smartphones</li><li>Water filtration consumer appliances</li></ul>Rich earned dual bachelor’s degrees in electrical engineering and economics from Stanford University and his law degree from Columbia Law School. In law school, he externed for the Honorable Sonia Sotomayor, then with the Southern District of New York. He was also a James Kent Scholar, a moot court editor and judge, and a recipient of the Carroll G. Harper Prize for excellence in intellectual property. After law school, Rich clerked for the Honorable Paul Michel of the U.S. Court of Appeals for the Federal Circuit.In 2014, Rich was appointed by then San Francisco Mayor Edwin Lee to serve as a Neutral Commissioner on the San Francisco Rent Stabilization and Arbitration Board. He served two terms as President and remains on the board of directors of the Asian Law Alliance, a non-profit organization that provides pro bono legal assistance to the Asian/Pacific Islander community in the Silicon Valley. Rich is a Fellow of the American Bar Foundation.Rich previously tried multiple criminal cases—all to favorable verdicts—with the San Francisco District Attorney’s Office.

Richard Hung

Co-Chair, Litigation Department

Mary is a trial lawyer with extensive experience litigating patent and trade secrets cases in courts across the country and at the International Trade Commission (ITC). In particular, Mary helps clients navigate the unique procedural and substantive challenges (and opportunities) presented by the ITC. Recognized by Legal500, clients have noted that Mary “has deep knowledge of Section 337 practice and procedure and is a strong strategic thinker.” Mary is co-head of the litigation department in Washington, D.C. and an editor of the <a href="/itc" target="_self">MoFo@ITC</a> guide to Section 337 investigations.  Over the past 15 years, Mary has represented some of the world’s largest life sciences and technology companies in high-stakes IP litigation matters. She has tried cases in many areas of technology including semiconductors, medical devices, pharmaceuticals, and consumer electronics, and was a member of the trial team for high-profile smartphone litigation resulting in verdicts of over $1 billion. Mary has substantial experience with Hatch-Waxman and BPCIA litigation, and has argued before the Patent Trial and Appeal Board (PTAB).With an active pro bono practice, Mary has evaluated potential cases for the California Innocence Project, represented tenants seeking to remedy dangerous housing conditions, obtained asylum for activists fleeing political persecution, and worked on civil rights matters with the ACLU. Mary also serves on MoFo’s Women’s Strategy Committee, where she focuses on advancing women within the firm and the profession as a whole. Mary received her J.D. from the University of California, Los Angeles, where she was editor-in-chief of the UCLA Journal of International Law & Foreign Affairs. She received her B.F.A. cum laude from the University of Notre Dame.Mary has worked as a law clerk for the California Attorney General’s Office, and as a legal extern at the Department of Defense General Counsel’s Office for International Affairs.

Mary Prendergast

Alex Yap co-chairs the firm’s Patent Trial and Appeal Board (PTAB) practice and is a member of Morrison Foerster’s IP Litigation practice. As a former administrative patent law judge at the U.S. Patent and Trademark Office (USPTO), he helps clients navigate post-grant adversarial proceedings before the PTAB. He focuses his practice on America Invents Act trials before the PTAB, as well as IP litigation matters.Prior to rejoining the firm, Alex served as an administrative patent judge at the USPTO in San Jose, California. In that capacity, he presided over more than 200 ex parte appeals, inter partes reviews, and covered business method patent proceedings.Utilizing his electrical and computer engineering degrees and experience from senior engineering roles, Alex spent 11 years at MoFo advising technology clients on patent litigations. During that time, he was involved in more than 30 USPTO reexamination/review proceedings and obtained cancellations of asserted claims in numerous cases.Prior to becoming a lawyer, Alex spent more than four years as a circuit design engineer for Freescale (formerly Motorola, Inc.) and Analog Devices, Inc., designing embedded non-volatile (flash) memories and asymmetric digital subscriber line chipsets. During that time, he developed extensive expertise in computer hardware and software architecture, communication systems, digital and analog circuit design, and digital signal processing. He has published numerous technical articles in trade journals and is an inventor on multiple U.S. patents.Alex received his B.S. and M.S. in electrical and computer engineering from the University of Wisconsin, Madison, in 1993 and 1998, respectively, and his J.D., magna cum laude, from the University of Minnesota Law School in 2005. He was an editor of The Minnesota Law Review and was elected to the Order of the Coif.Alex is a member of the California State Bar and is registered to practice before the USPTO. He is also a member of the American Association of Patent Judges.

Alex Yap

Ryan Malloy is an IP Litigation partner who specializes in patent and trade secret litigation. His matters involve cutting‑edge technologies like generative AI and nanoscale devices and often receive national media attention.Ryan’s clients turn to him for his tenacious advocacy and his deep understanding of their businesses and technologies. His clients include several leading tech companies and many smaller start-ups.Before his legal career, Ryan researched semiconductor devices and fabrication in the Ph.D. program of UC Berkeley’s Department of Electrical Engineering and Computer Sciences. He earned the highest undergraduate honor of the University of Florida’s Electrical and Computer Engineering Department and the highest GPA in the master’s program of Georgia Tech’s Department of Electrical and Computer Engineering. He earned his J.D. from Harvard Law School.Ryan is a leader in the California legal market. He serves on the board of the Association of Business Trial Lawyers (ABTL), which promotes dialogue among California judges and trial lawyers. He also serves on the advisory board of the University of Southern California Institute for Corporate Counsel, which hosts an annual conference on the intersection of law, business, and politics.

Ryan J. Malloy

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