Patent Cases Down 64% YOY at PTAB, up 70% at ITC in Q1 2026

A recent IAM analysis of Docket Navigator data shows a dramatic shift in U.S. patent‑litigation forums during Q1 2026. While U.S. district court filings dropped 19% year over year and PTAB filings dropped 64%, the U.S. International Trade Commission (ITC) saw a 70% surge in new Section 337 complaints. 

The ITC’s rising prominence can be attributed partly to evolving USPTO policies that have made PTAB institution significantly harder, particularly after the introduction of the “settled expectations” doctrine and subsequent discretionary‑denial reforms. As challengers file fewer IPRs, patent owners are increasingly turning to the ITC as a more reliable enforcement venue. 

IAM highlights that one of the most influential drivers of this shift is the Lashify decision, which broadened the domestic‑industry requirement and opened the ITC’s doors to a wider range of complainants, including small companies, foreign manufacturers, and NPEs. 

Finnegan partner Mareesa Frederick, co-leader of the firm’s ITC practice, explains that Lashify has meaningfully expanded access to the ITC. “Lashify relaxed the standard for the domestic industry, expanding the types of complainants to include small companies, companies manufacturing abroad and NPEs.” 

Mareesa also notes that the current environment is encouraging more companies to pursue ITC enforcement. “More companies feel encouraged to use the ITC because they view the administration as being pro‑US”. 

Read Patent Cases Down 64% YOY at PTAB, up 70% at ITC in Q1 2026