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.
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