Nonpracticing entities have been increasingly active at the U.S. International Trade Commission in recent years, bringing a record 32% of Section 337 Investigations in 2022.

In a sense, the rise of NPEs at the ITC was by design. When Congress amended Section 337 in 1988, it did so to allow intellectual property rights-holders that do not manufacture products to obtain remedies, specifically identifying "inventors, universities, [and] startups" as NPEs deserving of that opportunity.

Originally published in Law360, May 26, 2023.