The ITC proceedings have been around sine 1930 with their creation under the Tariff Act, however they have been extremely popular in the last two decades. While not being a court under Article III of U.S. Constitution, still the ITC is authorized to conduct proceedings which share similarities with court proceedings. When it comes to statistics, the number of district court cases outnumbers several times that of ITC investigations. While the DC litigation numbers have small fluctuations, we cannot say the same for ITC, which has increased several times, especially in the last two decades.

To better understand why ITC popularity is on the rise, we need to see the differences between its proceedings and DC cases. When it comes to DC litigation, you will notice they have a higher settlement rate than ITC. Furthermore, when cases go to trial, all parties will appear in front of a judge and not a jury. Another huge advantage is the pace of litigation offered by ITC, which offers a quicker time of resolution, which is vital for businesses. Also, better win rates for patentees influence their counsel to redirect attention towards ITC. Last but not least, ITC decisions are enforced with huge efficiency thanks to the U.S. Customs.

All in all, even though there are several risks when opting for an ITC investigation, depending on the client’s needs, ITC can become a powerful tool in hands of experienced attorneys that exploit the advantages and differences of ITC proceedings with DC litigation.