2025 ITC Section 337 Year in Review: Analysis & Trends

Section 337 investigations at the U.S. International Trade Commission (ITC) remain an efficient and powerful tool 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 2025, the number of Section 337 violation complaints filed at the ITC decreased compared to 2024, but remained close to the average number filed over the last decade. The ITC is a useful forum when enforcing patents against multiple infringers; 42% of the complaints filed in 2025 involved more than one respondent group.

In the Fall of 2025, the U.S. federal government entered a shutdown that disrupted operations across federal agencies, including the ITC. As a result, the ITC’s website operated at limited capacity, and EDIS was online for search and document access, while document filing was disabled. When the shutdown ended, the ITC tolled all statutory and other investigative deadlines pending before it for 47 days to account for the shutdown and resumption of activities. It is likely that the shutdown affected the number of Complaints filed as well.

The ITC issued 25 Final Determinations, of which 14 found a violation of Section 337. The percentage of violations ticked above 50%, reversing a three-year trend of a declining percentage of violation findings.

In our webinar “ITC Section 337 Year in Review,” in addition to statistical trends, we highlighted some important legal decisions in 2025 involving the ITC, especially the Federal Circuit affirming that small U.S. investments can satisfy the domestic industry requirement, the effect of the government shutdown on the ITC, and a look ahead to 2026.

We appreciate your interest in this report, and we encourage you to read our other year-in-review publications covering design patents, the Federal Circuit, artificial intelligence and intellectual property, and the Patent Trial and Appeal Board in detail. Please contact us if you would like to discuss enforcement or defense of intellectual property at the ITC.

Table of Contents

• ITC Statistics Cases Instituted in 2025
• Strategic Enforcement Before the US International Trade Commission — An Evaluation of Recent Enforcement Proceedings
• Federal Circuit Affirms Small US Investments Can Satisfy Domestic Industry Requirement
• Non-Patent ITC Section 337 Investigations
• Federal Circuit Leaves Open Questions Regarding Jurisdiction of Sanctions Decisions
• Purchase Orders and IP Licenses: Recent ITC Decision Underscores Need for Caution
• Amended Rules at the ITC
• Protecting Your Life Sciences Trade Secrets
• The Federal Circuit Expands IP Enforcement Opportunities at the ITC