A party that owns intellectual property can file a Section 337 complaint with the International Trade Commission (ITC) alleging that some importer is engaged in the “unfair trade practice” of importing infringing goods. The complaint could be based on trademark infringement or use of trade secrets but is usually based on patent infringement. If the rights holder prevails, the ITC will issue an order to the Bureau of Customs and Border Protection (CBP) to exclude infringing g

The America Invents Act (AIA) of 2011 created several post-issuance patent review proceedings including inter partes review (IPR). These proceedings allow the Patent Office to take a second look at an issued patent where a petitioner identifies prior art that creates a ”reasonable likelihood” that at least one issued claim of a patent would be found invalid. On Thursday, May 14, 2026, Patent Office Director John Squires issued a precedential decision denying institution of

The ITC has always sought to be a fast-moving venue for adjudication of Section 337 violations. Statute requires that the Commission determine if there is an unfair trade practice “at the earliest practicable time.” In recent years, the average duration of an investigation was from 16 to 18 month. In two recent orders, ITC ALJ’s have set Target Dates exceeding this typical length. In Certain Screen Protectors, 337-TA-1497, Judge Moore issued a May 8, 2026, ID setting a 21-mon

Certain Electrolyte Beverages II, 337-TA-1435 On April 10, 2026, the Commission issued an opinion in Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof (II), Inv. No. 337-TA-1435, affirming ALJ McNamara's summary determination of a Section 337 violation based on trademark infringement. The Commission's review focused specifically on the economic prong. A Domestic Industry "In the Process of Being Established" The complainant's situation was unusual. I