2023 ITC Section 337 Year in Review: Analysis & Trends

Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants seeking relief from patent infringement litigation and other unfair acts. In 2023, the number of complaints filed in federal courts was down over previous years, and the ITC was no exception. However, despite the lower number of investigations, the importance of the ITC remains strong as this year saw the resolution of two investigations against the Apple watch as well as other important products.

2023 also saw the resumption of in-person hearings at the ITC after the end of the COVID-19 procedures. The Commission appointed a new Administrative Law Judge, bringing the current total to six. The specter of government shutdowns loomed. But the ITC still continued its work, issuing 22 Final Determinations, of which 11 found a violation of Section 337.

In this inaugural issue of “The Year in Review,” we will highlight some important legal decisions in 2023 involving the U.S. International Trade Commission, such as the recent Apple watch decision and the current standards for a cease-and-desist order in view of the fast-moving online marketplace. We will also review the success of design patents at the ITC and preview issues in the pending Automotive Lamp design patent cases filed by Kia and Hyundai. In addition, we will provide an update on some of the recent statistics as well as legislative proposals that are taking place globally with respect to the ITC.

Download the full report by clicking the Download PDF button or view the individual articles by clicking on the titles below in the Table of Contents. View the On Demand recording of the companion webinar here. 

Table of Contents

• Introduction
• Data and Trends: ITC Cases Instituted in 2023, Case Flow and Outcomes, and ITC Operations
• The Public Interest Impact – Considerations from AliveCor and Masimo
• Looking Beyond Inventory Numbers to Secure a Cease and Desist Order
• A Pair of Section 337 Investigations Involving Automotive Lamps Illuminated the Potential of Design Patents
• Rule and Procedural Developments at the ITC in 2023