Patexia Insight 260: Tracking the Trends of ITC Investigations in 2025

The latest ITC Section 337 Investigation Intelligence 2026 report is set to be released tomorrow, providing a comprehensive look at the trends and dynamics of U.S. International Trade Commission investigations. Drawing on data from ITC filings, EDIS documents, and proprietary analysis, the report examines activity across companies, law firms, and attorneys, offering actionable insights for anyone navigating this complex landscape.

In today’s insight, we focus on the trends in ITC investigations during the past six years. The chart below highlights year-over-year case volumes, providing a clear snapshot of how enforcement activity has changed and what it could mean for stakeholders moving forward. 

Filing activity in ITC Section 337 investigations grew steadily from 2020 through 2022, with annual case counts rising from 71 to 79. This period reflects sustained enforcement as companies increasingly turned to the ITC to protect high-value technologies across different industries. The upward trend aligns with heightened global competition in key technology sectors and active IP enforcement by both operating companies and non-practicing entities (NPEs).

In 2023, filings dropped to 50 investigations, marking the lowest point in the observed period. This decline mirrors trends in other U.S. patent forums, with district court litigation down 18.97% and PTAB proceedings down 12.43% during the same period, as reported in Patexia’s 2025 Patent Litigation Intelligence Report. The subsequent rebound in 2024 to 70 filings suggests that the 2023 dip was likely cyclical rather than structural. By the end of 2025, filings settled at 64 investigations, indicating a normalization of activity levels.

Patent Count Highlights Case Complexity

While overall filing volumes fluctuated between 2020 and 2025, the number of asserted patents offers a complementary perspective, highlighting the complexity of disputes brought before the ITC. Across 408 investigations filed during this period, a total of 997 unique patents were asserted, averaging 2.44 patents per case. This underscores a defining feature of ITC litigation: cases frequently involve multiple patents, enabling complainants to broaden the scope of their case and strengthen their enforcement positions.

The data also shows that a higher number of cases does not always correlate with greater dispute intensity. For example, 2021 recorded the highest number of asserted patents (248), suggesting a concentration of complex, multi-patent disputes. By contrast, although 2022 saw more investigations overall (79), the number of asserted patents was lower (197), reflecting litigation that was comparatively less patent-dense.

Report Highlights & Access

This preview offers just a glimpse into the insights revealed by our ITC Section 337 Investigation Intelligence 2026 report. The full report is packed with detailed statistics, benchmarking, and performance metrics, including rankings of companies, law firms, and attorneys actively involved in Section 337 investigations.

For corporate counsel, the report provides actionable guidance on evaluating potential ITC representation and understanding enforcement trends. Law firms can leverage the analysis to benchmark performance, identify market opportunities, and inform recruitment and business development strategies. Investors and industry observers gain a data-driven view of litigation trends, patent assertion activity, and technology hotspots shaping the ITC landscape.
To explore the full depth of insights, including lateral moves, patent complexity, and stakeholder rankings, access the complete ITC Section 337 Investigation Intelligence 2026 report today.