ITC launches pilot programme aimed at curbing patent trolls

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

ITC launches pilot programme aimed at curbing patent trolls

The US International Trade Commission (ITC) announced on Monday that it has launched a pilot programme to speed up the disposal of patent cases in an effort to thwart so-called trolls

The programme will test whether earlier rulings on certain issues in Section 337 investigations, which deal with allegedly unfair import practices usually in relation to intellectual property, could reduce frivolous litigation.

The main remedy available in Section 337 investigations is an order requiring US Customs to preventing the infringing imports from entering the country.

Under the scheme, an administrative judge will determine whether companies suing for patent infringement have sufficient production, research or licensing operations in the US to make them eligible to be heard at the ITC. In some cases, the judges may be able to determine whether the plaintiff meets the criteria within 100 days.

The ITC may adjust the programme once it is underway. If the trial is successful, the system may be implemented permanently.

In a press release, the ITC admitted that “resolving issues in pilot program investigations will be challenging” but argued that “the complainant controls the timing of the complaint’s filing and should be prepared to prove its case, including such elements as domestic industry, importation, and standing, without extensive discovery on these issues".

The ITC initiative appears to be part of a coordinated effort by government agencies to address the growing issue of patent trolls. Earlier this month the White House issued a proposal to combat trolls, which will largely be put into action by the USPTO, and the Federal Trade Commission announced it will investigate their potentially anti-competitive practices.

more from across site and SHARED ros bottom lb

More from across our site

After months of speculation over his next move, former Texas patent judge Alan Albright has found a new home at the firm’s Austin office
Law firms can now participate in the research for the Managing IP Awards and IP STARS rankings
The firm has hired former Norton Rose Fulbright patent prosecution leader Ronak Kalhor-Witzel as it seeks to strengthen its position in high-value technology, UPC and international patent matters
The Dutch division is cementing its position as the UPC's primary alternative to Germany, with a consistent share of filings and growing market influence
Angela Dunning shares why it’s an exciting time to be practising at the intersection of AI and IP, where the law is actively being made
Junior lawyers aren’t unwilling to work hard, as some seniors believe; rather, they are rejecting traditional career advancement models that have limited payoff
Rebekah Gay discusses overcoming self-doubt, supporting the next generation of women lawyers, and how changing client demands are reshaping IP practice
New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
In 27 years, KASS has expanded to seven countries in southeast Asia and is now eyeing further growth opportunities. Its CEO shares her perspective
Mine Güner discusses bridging law and business, taking the initiative, and why Taylor Swift helped put copyright on the map
Gift this article