Winning ITC Strategy: A Practitioner’s Guide to 337 Litigation*

Winning ITC Strategy: A Practitioner’s Guide to 337 Litigation*

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Section 337 investigations at the International Trade Commission (ITC) are among the fastest-moving and highest-stakes proceedings in IP enforcement. The compressed schedule, unique remedies, and procedural intensity reward disciplined strategy and punish missteps early. Success at the ITC is rarely accidental—it is the product of front-loaded decisions that shape the case long before the hearing begins.

This panel delivers a practitioner’s guide to winning ITC strategy, focusing on how Section 337 cases are actually litigated. Panelists will examine key strategic decisions, including complainant and respondent positioning, domestic industry showings, importation proof, claim selection, discovery management, and coordination with parallel district court and PTAB proceedings.

The discussion will address tactical considerations that often determine outcomes, such as early motion practice, expert strategy, evidentiary pressure points, remedy positioning, and settlement leverage under the ITC’s accelerated timeline. Panelists will also explore when the ITC is the right forum—and when it is not—from both patent owner and respondent perspectives.

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Materials

1. 1. The ITC Has Lost Sight of the Public Interest
   2. Crocs Precedential CAFC Ruling on Appeal Window for ITC Decisions
   3. ITC 2025 Year in Review: A Momentous Shift, but the Impact Remains Pending
   4. Using Public Interest as Barrier to Patent Enforcement at ITC
   5. CAFC Can’t Review ITC Matters Not Ancillary to a Final Determination
   6. Planning for Success in Section 337 Investigations
   7. Opening Moves in the ITC

Related IPWatchdog Unleashed Episodes

1. Big Win for Small Business Patent Owners
2. The Strategic Importance of the ITC for Patent Owners