“ITC” stands for the federal “International Trade Commission.” Generally speaking, the ITC is a U.S. government agency that deals mostly with imported goods — the “international” part of the ITC name. The broad task of the ITC is to punish “unfair trade practices” by foreign importers. In practice, most of the work done by the ITC involves patent infringement claims. But the ITC also handles claims related to copyright and trademark infringement along with other types of unfair trade and business practices.

Like many federal agencies, the ITC has a civil-litigation forum in which complaints can be filed by individuals and businesses against others for alleged violations of trade practices involving imported goods. The main federal statute involved in ITC proceedings is the Tariff Act of 1930, Section 337. ITC cases can be brought by domestic companies with the main goal of keeping foreign-made products from entering the U.S. But foreign importers can also file ITC cases to preserve their ability to continue importing goods.

ITC proceeding basics

An ITC proceeding has characteristics that are similar to court proceedings. The proceedings are initiated by the filing of a complaint. The party filing is the “Complainant” and the target of the case is called the “Respondent.” Technically speaking, the ITC refers to these cases as “investigations.” Unlike a court proceeding or arbitration, the ITC has the discretionary power to refuse to open an investigation. If the ITC Commissioners vote to start an investigation, the case is assigned to an administrative law judge for resolution. The ITC judge sets the schedule for the case and hears motions filed by the parties. The Respondent has an opportunity to respond in writing to the Complaint, and the parties exchange evidence in a limited amount of discovery per the judge’s order. The staff of the ITC is involved in the process as, sort of, third-party investigators. At some point, the judge will hear evidence in something like a “trial.” Following the hearing (or hearings), the ITC judge will issue an “initial determination” which is often adopted by the full ITC Commission. However, the Commission has the authority to review, modify or reject the judge’s initial determination. Finally, at some point, the ITC Commission will issue a “final determination.” ITC proceedings take place at the ITC’s offices in Washington, D.C.

Speed of ITC proceedings

Compared to other types of litigation, ITC proceedings are resolved quickly. Generally, the ITC seeks to complete every investigation in 16 months or less. The assigned judge sets a “target date” for completing the investigation — which is no later than 16 months after the case was accepted for investigation — and the initial determination is due four months before that target date.

ITC remedies

Unlike court and arbitration proceedings, the ITC has no power to make awards of money damages. Despite this, the ITC has very substantial powers and domestic companies can obtain significant relief. The most powerful ITC remedy is the power to issue various forms of exclusion orders. These orders prevent the foreign-made products at issue from entering the U.S. and being sold in the U.S. If the quantity involved is large, this remedy can substantially preserve market share and revenues. Along the same line, the ITC has the authority to seize foreign-made goods which can lead to the destruction of law-violating goods through other proceedings. This might happen with counterfeit goods that are in violation of U.S. trademark laws. The ITC can also issue various forms of cease and desist orders.

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How an ITC Investigation is Initiated

To commence an ITC investigation, the complainant must file a detailed written complaint with the ITC that satisfies several specific requirements. The complaint must identify the patents, trademarks, copyrights, or other intellectual property rights at issue; describe the accused products and the specific ways in which the foreign goods violate Section 337; identify all known respondents (the foreign manufacturers and/or importers); provide evidence of a domestic industry requirement; and include supporting documentation. The domestic industry requirement is critical — the complainant must demonstrate that a U.S. industry exists that exploits the intellectual property at issue, through manufacturing, research and development, or licensing activities.

Once the complaint is filed, the ITC votes on whether to institute the investigation. If the vote is in favor, the case is assigned to an Administrative Law Judge, notice is published in the Federal Register, and formal discovery begins. The ITC staff — acting as a non-partisan third-party participant — conducts its own investigation alongside the parties.

Discovery and Hearing in an ITC Proceeding

ITC proceedings are known for aggressive and compressed discovery schedules. The parties exchange documents, take depositions, and submit written discovery within a tightly controlled timeline set by the assigned ALJ. Expert witnesses are often retained on both sides — patent experts, economic experts, and technical witnesses who can explain the infringement or non-infringement of complex technology. The evidentiary hearing before the ALJ resembles a bench trial, with opening statements, witness testimony, cross-examination, and closing arguments.

Because of the 16-month target timeline, there is little room for delay. Cases that would take five or more years in federal district court are resolved at the ITC in roughly one-quarter the time. This speed is one of the core strategic advantages of the ITC forum — particularly for industries where product cycles are short and delays in obtaining relief can allow an infringing product to saturate the market before any injunction is ever entered.

The Presidential Review Process and Appeal Rights

Once the ITC Commission issues a final determination, the President of the United States has 60 days to review and, in rare cases, disapprove of an exclusion order on policy grounds. This presidential review is almost never exercised but remains a feature of ITC proceedings that distinguishes them from ordinary civil litigation. The standard review considers whether the exclusion order would harm the public interest, including national security considerations or impact on domestic competition.

After the presidential review period passes, parties can appeal ITC final determinations to the U.S. Court of Appeals for the Federal Circuit. The Federal Circuit applies a deferential standard of review to the ITC’s factual findings but reviews legal conclusions de novo. Coordination between ITC proceedings and parallel district court patent litigation — which many companies pursue simultaneously — requires experienced counsel who understands both forums and can manage the strategic interaction between them, including issues related to collateral estoppel, claim construction, and stays of litigation.