ITC Litigation & Enforcement

Join our opening panel as they provide an overview of the past year at the ITC, analyzing trends in Section 337 filings and appeals, the most significant investigations and decisions, and the broader policy considerations shaping the Commission’s work. Topics of discussion include:

• Examining Section 337 filing trends, appeals data, and what recent activity suggests about the current enforcement climate
• Review of notable investigations, influential ALJ determinations, and Commission opinions that shaped this year’s precedent
• Policy considerations emerging from major decisions, including implications for remedy frameworks and economic/public interest factors
• Forecasting how potential changes in Commission composition could shift priorities, alter enforcement approaches, and impact future outcomes
• Analyzing what the current policy environment may mean for the ITC’s agenda, including its approach to trade, competition, national security, and cross-agency coordination

• One year after Lashify: How the broadened DI standard is operating in practice and what patterns have emerged from recent Commission and ALJ decisions
• Have Section 337 filings increased as expected? A look at filing data, complainant profiles, and shifts in enforcement strategy following the decision
• How Lashify is influencing the advice practitioners provide to clients regarding DI planning, U.S. investments, and evidentiary preparation
• The rise of multi-component product DI disputes: Key recent investigations and the central question of whether DI can be based on investments tied to an entire product when only one component is patented
• What practitioners expect next: Upcoming decisions that may clarify or reshape the DI analysis for complex / multi-component products—and how this could alter complaint strategy, discovery, and case selection going forward

With the USPTO’s recent overhaul of IPR practice—and the PTAB’s increasingly restrictive stance on institution—patent owners and respondents are recalibrating where and how they litigate. This session explores how these developments are reshaping ITC filings, proceedings, and overall enforcement strategy.

• Exploring whether rising IPR denials are triggeing a meaningful increase in ITC Section 337 filings as parties steer away from district court validity challenges
• Assessing how a potential influx of new investigations may affect ITC case timelines, resource allocation, and procedural management
• The extent to which PTAB decisions or denials could have preclusive or practical effects on arguments available in ITC proceedings
• Strategic considerations for complainants and respondents now that IPR leverage is diminished—including timing, forum selection, and coordination with district court actions
• Understanding how parties are adjusting their patent enforcement and defense strategies in anticipation of a more limited PTAB pathway

Join our panel of ALJs as they provide valuable insights from the Bench, including the ins and outs of 337 practice, the most common mistakes made by Section 337 litigators, and trial tactics practitioners may consider using which would more positively impact the presentation of a case.

Don’t miss this rare opportunity to hear how the Judges are really evaluating and assessing the theories asserted by parties during a Section 337 case, their expectations regarding timelines and discovery, as well as key differences between the ITC, Federal District Court and other forums.

Come prepared with your most pressing questions to get the most out of this exclusive session.

As companies increasingly redesign or halt importation of products after an ITC investigation, the boundaries of remedial orders—and the evidence required to prove non-infringement—are under sharper scrutiny. This session will examine the latest trends, including the implications of Apple v. Masimo, and the practical challenges of navigating redesign submissions, advisory opinions, and Customs enforcement. Discussion points include:

• How exclusion orders apply to redesigned products and how Apple v. Masimo is influencing the Commission’s approach
• Timing, procedures, and tactical considerations for submitting redesigns and seeking approval or confirmation of non-infringement
• What ALJs, the Commission, and CBP are looking for in technical proof when evaluating whether a redesigned product falls outside an order
• How the Commission assesses assertions that importation has ceased—and the risks of relying solely on “stop-ship” representations
• Strategic benefits and pitfalls of pursuing advisory opinions versus waiting for, or defending against, enforcement proceedings
• Practical guidance for coordinating with Customs to avoid detention or seizure of redesigned products at the border

Third-party litigation funding (TPLF) has become an increasingly visible force in Section 337 practice. As more complainants turn to funding sources to support high-cost ITC investigations, judges, practitioners, and policymakers are grappling with questions around transparency, influence, privilege, and the integrity of the process. This session explores the evolving role—and growing scrutiny—of litigation finance in the ITC.

• Judicial efforts to require disclosure or limited discovery into TPLF agreements in Section 337 matters
• Legislative and policy proposals aimed at increasing transparency and addressing concerns about foreign financing in U.S. litigation
• Assessing risks of conflicts of interest, loss of control, and potential impacts on attorney–client privilege
• How TPLF may influence case strategy, settlement posture, and alignment (or misalignment) with a client’s business goals
• Best practices for counsel handling funded investigations—on both the complainant and respondent sides
• Practical guidance for evaluating funder involvement without undermining litigation integrity

Litigation in the ITC moves at a rapid pace, combines complex technical issues with unique procedural demands, and often places respondents at an early disadvantage as complainants arrive armed with months of preparation. For in-house counsel, success in this forum depends on early strategic decision-making, disciplined case management, and close coordination with outside counsel. In this interactive session, experienced corporate counsel will share effective insights on managing ITC proceedings, including:

• Weighing the costs and benefits of engaging in litigation at the ITC
• Structuring effective working relationships between in-house teams and outside counsel from investigation through hearing
• Assessing circumstances where cease-and-desist orders are appropriate and strategically advantageous
• Prioritizing early strategic decisions to regain balance against a prepared complainant
• Operating efficiently within the compressed schedule of a Section 337 investigation without sacrificing quality or leverage
• Evaluating when to pursue dispositive relief, including motions for summary determination