Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants seeking relief from patent infringement litigation and other unfair acts. In 2023, the number of complaints filed in federal courts was down over previous years, and the ITC was no exception. However, despite the lower number of investigations, the importance of the ITC remains strong as this year saw the resolution of two investigations against the Apple watch as well as other important products.

2023 also saw the resumption of in-person hearings at the ITC after the end of the COVID-19 procedures. The Commission appointed a new Administrative Law Judge, bringing the current total to six. The specter of government shutdowns loomed. But the ITC still continued its work, issuing 22 Final Determinations, of which 11 found a violation of Section 337.