In their recent Bloomberg Law article, Knobbe Martens partners Sheila Swaroop and Jonathan Bachand, Co-Chairs of the firm’s ITC Litigation practice, analyze the forces that could make 2026 an active year for patent disputes before the U.S. International Trade Commission (ITC).
Swaroop and Bachand explain that high-profile Federal Circuit decisions in 2025, including Wuhan and Lashify, broadened access to the ITC by relaxing the “domestic industry” requirement. “These cases combined provide new opportunities for companies to review their domestic operations and assess eligibility for ITC enforcement as part of a patent enforcement strategy,” the authors maintain.
They further note that the U.S. government shutdown left the ITC with a resulting backlog of paused investigations and delayed hearings, which will need to be addressed in 2026. Swaroop and Bachand also highlight the potential impact of presidential review on the ITC process and resulting enforcement.
The authors suggest that companies consider how these recent shifts might “provide new opportunities to seek relief at the ITC as part of an enforcement strategy.”
Read the full article, “More Patent Cases, Backlogs, and Trump to Keep ITC Busy in 2026”, here.
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