Trends Reshape ITC Section 337 Patent Litigation Strategy
Recent developments in domestic industry requirements, SEP leverage, funding disclosures, and PTAB interactions are altering the strategic calculus for patent owners and respondents at the US International Trade Commission.
A confluence of recent developments is reshaping patent litigation strategy at the US International Trade Commission (ITC). The Federal Circuit’s 2025 decision in Lashify v. ITC broadened the scope of activities that can establish a domestic industry, potentially opening the forum to more patent owners, though the ITC’s analysis of the “significance” of those activities remains a key battleground. Separately, proposed ITC rules from April 2026 would, if adopted, require parties to disclose litigation funding and other financial interests, adding a new layer of scrutiny regarding conflicts, standing, and control. For standard-essential patents (SEPs), the ITC continues to be a forum for gaining settlement leverage in global licensing talks, even without recent exclusion orders. Finally, USPTO guidance has made the timing of parallel Patent Trial and Appeal Board (PTAB) challenges more critical, as an accelerated ITC schedule may preempt a PTAB validity decision. Litigants must now monitor the financial disclosure rulemaking and carefully weigh how these evolving standards affect case strategy and forum selection.