The International Trade Commission has undergone a fundamental shift over the past 18 months. New precedent on domestic industry.
Axinn partner Brian Johnson and associate Emalee Peterson just published a deep-dive analysis in IAM’s Special Report 2026 Q2, breaking down exactly what’s changed and what it means for IP enforcement strategy.
Key takeaways:
- Lashify reopened the door. The Federal Circuit’s 2025 decision clarified that sales, marketing, warehousing, and QC investments now count toward the domestic industry requirement—expanding access to the ITC beyond traditional manufacturing-heavy complainants.
- Fintiv is back. The USPTO’s reinstatement of the Fintiv factors has dramatically impacted IPR filings alongside ITC complaints. Where 42% of respondents filed PTAB petitions in H1 2025, only 7% did in H2 2025—and none so far in 2026.
- The filing surge is real. The ITC is on track to approach 2022 filing levels, with a notably broader technological mix. Computer and telecom cases declined; consumer electronics, LCDs, pharma, and medical devices surged.
- The docket is straining. Most 2026 investigations are exceeding the historical 16-month target date, with some extending to 21 months—a sign of the ITC’s heavy workload.
- Government priorities are shifting. The DOJ and USPTO are signaling a more enforcement-friendly stance, with potential implications for how the ITC applies public-interest factors.
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