2024 ITC Section 337 Year in Review: Analysis & Trends

Section 337 investigations at the U.S. International Trade Commission (ITC) remain an efficient and powerful method for American businesses seeking relief from foreign acts of unfair competition, including infringement of intellectual property rights. The Commission’s injunctive powers provide an attractive forum for patent owners seeking relief from patent infringement litigation and other unfair acts. In 2024, the number of complaints filed at the ITC rebounded after the low in 2023. The ITC is a useful forum when enforcing patents against multiple infringers; two-thirds of the complaints filed in 2024 involved more than one respondent group.

As in 2023, the specter of government shutdowns loomed in 2024. However, the ITC still continued its work, issuing 17 Final Determinations, of which 7 found a violation of Section 337. The percentage of violations dipped below 50% for the first time in a decade, but it is too early to predict whether such a trend will hold in years to come.

In our webinar “ITC Section 337 Year in Review,” in addition to statistical trends, we highlighted some important legal decisions in 2024 involving the ITC, the economic prong of domestic industry and standing, and a look ahead to 2025.

We appreciate your interest in this report, and we encourage you to read our other year-in-review publications covering Design Patents, the CAFC, and the PTAB in detail as well as a new report covering AI and IP. Please contact us if you would like to discuss enforcement or defense of IP at the ITC.

Download the full report by clicking the Download PDF button. View the On Demand recording of the companion webinar here.