Strategic Applications Of ITC Admin Law Judge Pilot Program

On May 12, the US International Trade Commission announced a new pilot program that will allow administrative law judges to issue interim initial determinations on fewer than all issues in Section 337 investigations.¹

This pilot program, like the previous 100-day pilot program² that the ITC has since codified,³ is aimed at focusing on key issues, curbing unnecessary litigation, saving time and costs for involved parties, and assisting the commission in meeting its obligation to complete investigations expeditiously.

But a fundamental difference requiring strategic consideration is that application of this latest pilot program is left to the discretion of the ALJ after institution as opposed to the commission at institution.⁴