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

News of Health Hoglund joining Sisvel and the Delhi High Court staying a $2.2 million decree in favour of Philips were also among the top talking points
The firm is continuing its aggressive IP hiring streak with the addition of partner Matthew Rizzolo
Pantech counsel Shogo Matsunaga speaks exclusively to Managing IP about how his team proved Google’s unwillingness, and ultimately secured a landmark SEP settlement
New partners, including the firm’s first female head of a department, are eyeing a deeper focus on client understanding
Chunguang Hu of China PAT explains why his ‘insider’ experience as a patent examiner benefits clients and why he wants to debunk the myth that IP has limited value in China
Essenese Obhan shares his expansion plans and vision of creating a ‘one-stop shop’ for clients after Indian firms Obhan & Associates and Mason & Associates joined forces
From AI and the UPC to troublesome trademarks in China, experts name the IP trends likely to dominate 2026
Colm Murphy says he is keen to help clients navigate cross-border IP challenges in Europe
With 2025 behind us, US practitioners sit down with Managing IP to discuss the major IP moments from the year and what to expect in 2026
Large-scale transatlantic mergers will give US entities a strong foothold at the UPC, and could spark further fragmentation of European patent practices
Gift this article