DOAR Report Highlights Key Trends in 2025 ITC Section 337 Investigations

, /PRNewswire/ — DOAR, the nation’s leading litigation strategy consulting company, today announced the release of its latest report, 2025 in Review: Key ITC Insights, offering analysis of activity at the U.S. International Trade Commission (ITC) and the trends shaping Section 337 investigations.

DOAR's categorizations provide a more refined, technology-focused perspective on ITC matters, particularly regarding emerging innovations, compared to the broader categorizations used by the ITC. — DOAR’s categorizations provide a more refined, technology-focused perspective on ITC matters, particularly regarding emerging innovations, compared to the broader categorizations used by the ITC.

In 2025, while filings decreased slightly to 46 investigations, the number of “new” matters actually increased to 35, continuing a shift toward a higher share of investigations involving newly contested intellectual property.

The expert witness timeline enables parties to better anticipate expert-related deadlines and navigate the complexities of Section 337 investigations with greater precision.

“The ITC continues to be one of the most dynamic venues for resolving complex intellectual property disputes,” said Jeffrey Dorfman, Esq., Managing Director of DOAR’s ITC Practice. “Looking at the investigations filed over the past year helps illuminate how Section 337 activity is evolving, from the technologies at issue to the pace and structure of proceedings.”

The report examines investigations filed in 2025 and highlights developments in filing activity, procedural timing, technology sectors, and administrative law judge assignments. The findings show a return to more typical filing levels, continued dominance of patent-related disputes, and evolving industry focus areas that reflect broader shifts in technology and innovation.

Key findings from the report include:

46 investigations instituted in 2025, reflecting a return to typical filing levels following a historic low two years earlier
44 investigations alleging patent infringement, with complainants asserting an average of 3.67 patents per investigation
10 requests to deny institution, none of which were granted
8 investigations postponed, with an average postponement of 46 days
Average time to institution of 40 days, or 32 days excluding matters affected by a temporary federal government shutdown in the fourth quarter that paused proceedings for approximately six weeks
Expert witnesses typically identified around 139 days after filing, with initial expert reports exchanged at approximately 213 days

“The findings in the report reinforce the pace and complexity that define ITC investigations,” Dorfman added. “Because Section 337 investigations move on an accelerated schedule, trial teams need their expert analysis, case strategy, and visual presentation working together from the outset. Our work is focused on helping counsel bring those elements together effectively in this unique forum.”

About DOAR

DOAR is a litigation strategy consulting company that provides legal teams with strategic clarity, expert insight, and thoughtful perspectives to win complex, high-stakes matters. By bringing together leading litigation strategy consultants and the most qualified testifying experts under one roof, we help our clients develop stronger cases that drive better outcomes.

For more information about DOAR, visit DOAR.com and follow us at @DOARlitigation.

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SOURCE DOAR