Recent Section 337 Target Dates Longer Than Average (But Still Pretty Fast!)

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-month Target Date. Order No. 4. In explaining his rationale for this longer than usual investigation, he cited five other pending investigations whose Final ID dates conflict with a shorter schedule.

In Video-Capable Electronic Devices, 337-TA-1495, Judge Bhattacharyya issued an April 29, 2026, ID setting a 20-month Target Date. In determining the duration of the investigation, Judge Bhattacharya cited “the Parties’ scheduling conflicts . . .  the scope of the investigation, and the undersigned’s other responsibilities.”

These orders suggest that the recent surge in cases is slowing down investigations by a few months. It is worth noting that Section 337 remains a faster venue than comparable district court remedies.