The U.S. International Trade Commission is arguably the most powerful patent litigation forum in the country. It offers speed (investigations move from complaint to trial in 9-10 months), worldwide service of process, broad in rem jurisdiction over imported products, virtual immunity from stays and strong remedial authority (i.e., the power to exclude infringing products from the United States).
Despite the great power of the ITC, patentees file suit there far less than in federal district court. In 2014, patentees filed 49 complaints in new investigations and ancillary proceedings in the ITC, as compared to approximately 5,700 cases in district courts. This may be because patentees must clear additional hurdles before they get relief from the ITC.
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