Patexia Insight 232: ITC Section 337 Investigations Surge 40% in 2024
The U.S. International Trade Commission saw a rise in Section 337 investigations in 2024, with filings increasing 40% year over year to 70 cases—a reversal from 2023’s 36.71% decline. This rebound underscores the ITC’s key role in global trade disputes, where exclusion orders can halt imports of infringing goods within months, as seen in the 2023 Apple Watch case that temporarily barred imports of certain models. Amid escalating geopolitical tensions and rapid technological innovation, Patexia’s 2025 ITC Section 337 Intelligence Report, set to be published tomorrow, serves as a definitive guide for stakeholders operating within this high-stakes arena.
Covering the period from January 1, 2019, to December 31, 2024, our study tracks yearly ITC Section 337 investigations and the patents involved. Over this six-year span, 406 complaints were filed during the study period, involving 985 patents—an average of approximately 2.43 patents per case. As seen above, case filings fluctuated over the six years, increasing yearly and reaching a peak of 79 in 2022 before dropping to 50 in 2023. This decline mirrored a parallel downturn observed in district court patent litigation (-18.97%) and PTAB proceedings (-12.43%) during the same period, as detailed in our Patent Litigation Intelligence 2025 and PTAB Intelligence 2024 reports. The 40% rebound in 2024 (70 filings) signals a comeback in ITC activity, returning to pre-2023 levels.
The number of patents asserted in these cases followed a similar trend, with a high of 248 in 2021. By contrast, 2023 saw a sharp decline to 134 patents—the lowest in the six-year period—mirroring the broader downturn in filings that year. Variations in case nature and complexity, along with strategic decisions by patent owners, drive these fluctuations. Cases involving advanced technologies or multiple patent portfolios often include a higher number of patents.
What Does the Report Focus On?
Beyond just tracking filing trends, Patexia’s 2025 ITC Intelligence Report provides a comprehensive analysis of Section 337 investigations, covering key aspects such as investigation types, alleged unfair acts, case statuses, outcomes, and the time from filing to termination. The report also delves into NPE activity, identifying trends in enforcement strategies, and highlights the most litigated technologies, offering a detailed view of the sectors most affected by ITC disputes.
To provide a deeper assessment of the entities involved, we analyzed violation-filed cases to calculate activity scores, ranking all 1,855 companies, 4,375 attorneys, and 357 law firms based on their participation in ITC violation investigations. Additionally, by focusing on terminated violation investigations, we assigned a success score to each entity based on case outcomes. These scores were then used to determine each entity’s performance ranking, offering a data-driven evaluation of the most effective and active participants in ITC litigation.
Furthermore, the report provides insights into the judges presiding over ITC cases during this period, evaluating their activity levels and assigning a score to each judge based on their decisions and case outcomes. Additionally, we tracked lateral attorney moves over the past year, uncovering a total of 65 transitions among the top 1,000 most active attorneys, reflecting shifts in legal expertise across firms and their potential impact on future ITC disputes.
How Stakeholders Use This Report
1. Legal Teams and Law Firms: Gain competitive intelligence and identify new opportunities
Law firms rely on Patexia’s ITC Intelligence Report to benchmark their activity and performance against competitors, helping them refine strategies and strengthen their market position. By analyzing rankings and performance scores, firms can showcase their strengths to potential clients, demonstrating their track record in ITC litigation. Additionally, the report serves as a business development tool, allowing firms to identify new opportunities by tracking companies involved in ITC disputes and proactively offering their services. Furthermore, the report aids in recruitment efforts by evaluating individual attorney rankings, helping firms attract and hire top-performing legal talent. By monitoring lateral attorney moves, law firms can assess market trends and talent shifts, identifying strategic hiring opportunities to strengthen their ITC practice.
2. Corporations: Make data-driven legal and strategic decisions
For corporations, the report serves as a key decision-making resource when selecting outside counsel. With detailed rankings of the most active and best performing law firms and attorneys, companies can evaluate potential legal representatives based on objective performance data rather than relying solely on reputation. By identifying firms with strong track records in ITC litigation, corporations can optimize their legal strategy and improve case outcomes. Additionally, the report provides insights into litigation trends, most frequently litigated technologies, and NPE activity, helping companies anticipate risks and adjust their intellectual property strategy accordingly.
3. Attorneys: Assess career growth and strategic moves
For individual attorneys, the ITC Investigation Intelligence Report provides a roadmap for career growth and strategic positioning within the legal industry. By analyzing rankings and performance scores, attorneys can benchmark their activity against peers, helping them understand their standing in the ITC litigation space. Those considering lateral moves can use the report’s insights to identify high-performing firms, ensuring their next career step aligns with their professional goals. Additionally, attorneys seeking to expand their client base can use the report to identify companies frequently involved in ITC disputes, allowing them to target potential clients more effectively. With data on the most active ITC law firms, judges, and litigants, attorneys can develop smarter litigation strategies, ensuring they stay ahead in an increasingly competitive field.
The ITC Intelligence Report 2025 will be available starting tomorrow! Today is the last day to secure it at a discounted rate, so don’t miss your chance to gain exclusive insights into ITC litigation trends, top attorneys, law firms, and corporations shaping the landscape.
Stay tuned! In the coming weeks, we’ll be highlighting some of the most active entities in patent litigation, as featured in our Patent Litigation Intelligence 2025 Report released in January.