Key Takeaway: The Senate has confirmed five new commissioners for the International Trade Commission, giving the agency a full slate of commissioners for the first time in nearly a decade, including two commissioners with significant patent law experience. Section 337 litigants should prepare for three potential shifts at the ITC: a push to resolve investigations faster, more active review of initial determinations, and an increased focus on the balance of patent rights and the public interest.
New Commissioners Bring Patent Experience to the ITC
The International Trade Commission (ITC) is structured to have up to six commissioners, where no more than three are members of the same political party. In July 2026, the Senate confirmed five new commissioners, meaning that the ITC will have a full slate to run the agency. Two of the new commissioners, David Foley and Peter-Anthony Pappas, come to the ITC with significant patent law experience. Commissioner Foley served as Chief Counsel for Intellectual Property for the House Judiciary Committee. Commissioner Pappas served as the Director of Intellectual Property Policy for the Senate Judiciary Committee. Both Commissioner Foley and Commissioner Pappas have engineering degrees and joined their congressional roles with patent law experience.
Potential for Speedier Investigations, Additional Review of Initial Determinations, and Balancing of Public Interest-IP Rights
The new commissioners may herald significant changes in Section 337 investigations. First, litigants can expect that the new commissioners will prioritize speeding up Section 337 investigations. During his confirmation hearing, Commissioner Foley stated he aims to issue decisions in Section 337 investigations more expeditiously to keep pace with ever-changing technology. Section 337 investigations proceed in two phases: first, an administrative law judge hears evidence and makes an initial determination; second, the commissioners review that determination and issue a final determination. The administrative law judge sets a target date for completion of the investigation. The commissioners can change any target date that would allow an investigation to take longer than 16 months.
Second, because two of the new commissioners have significant patent law experience, the Commission may take a more active role when reviewing initial determinations. This may result in the Commission choosing to review more issues in every investigation or drafting more detailed decisions. Additionally, dissenting opinions from commissioners may become more common.
Third, the new commissioners may bring new views on the balance of intellectual property rights and the public interest. When crafting a remedy for a violation of Section 337, the Commission takes the public interest into consideration. How the new commissioners balance public health and welfare and the competitive conditions of the U.S. economy against patent owners’ rights may affect the scope of the exclusion orders and other remedies the Commission provides.
Conclusion
With five new commissioners starting at the ITC, including two with extensive patent experience, litigants can expect to see changes in how the ITC approaches Section 337 investigations. Those changes may include a push to speed up cases, more active review of initial determinations, and new views on the balance of patent owner rights and the public interest.
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