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

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

Hefty legal teams assembled for a three-day hearing in what was the court’s first foray into SEPs since Unwired Planet v Huawei
IP firm's new base will be located inside the tallest office space in the UK's ‘second city’
Practitioners at four firms across Asia and Europe share the do’s and don’ts of mindful networking ahead of the INTA Annual Meeting
Brand Action explains why the IP community can be a force for good in the world as thousands of professionals prepare to head to London for INTA’s Annual Meeting
The firm, which has also hired a senior trademark leader to lead operations in the region, believes greater China to be one of the most important IP jurisdictions
Attorneys at Gibson Dunn share why plaintiffs’ growing reliance on DMCA anti-circumvention claims in AI scraping cases exposes a critical vulnerability
Tom Carver, who spent the last 18 months sailing the Mediterranean, tells Managing IP why he’s ready to return to land
US law firms highlight litigation profitability and client demand as driving forces behind a boom in lateral hires in the life sciences sector
The move marks the latest step in Temu’s push to protect brands’ intellectual property by collaborating with industry groups and enforcement agencies. Managing IP learns about a rapidly scaling strategy and two success stories
A counterfeiting crackdown targeting fake FIFA World Cup merchandise and new partner hires by CMS, HGF and Winston Strawn were also among the top talking points
Gift this article