Patent Challengers Regain Footing Despite Near-Record-Low IPR Filings

Daniel Yonan, director and head of the firm’s U.S. International Trade Commission (ITC) Practice, spoke to IAM on recent trends in ITC data from Docket Navigator.

Recent data has shown that ITC patent-related case filings have remained low compared to district court and PTAB filings but decreased year over year in Q3 2026. However, there are signs that the ITC is becoming an appealing forum, including a full bench of commissioners. Yonan said that there is a clear push from the commissioners to accelerate investigations and decision-making.

He anticipated that the next six months to a year will be a potentially consequential period with the commissioners more directly engaged in how investigations are handled, noting that revised notices are seeking more information about domestic industry. “Domestic industry is definitely getting scrutiny, especially proving domestic industry through the activities of a licensee.”

Yonan explained that the domestic-industry requirement wouldn’t necessarily close the door to companies with clear U.S. operations, but feels that there may be “more of a factual inquiry in a way that there wasn’t in the past”.