The International Trade Commission (ITC) is increasingly becoming a preferred venue for litigants seeking redress for trade secret misappropriation. Over recent years, the ITC has observed an uptick in cases, having heard more trade secret cases from 2020 to 2025 than in any preceding period. Since 2020 alone, more than two dozen investigations specifically concerning trade secret misappropriation have been initiated, underscoring its emerging role as a venue for such disputes.
The appeal of the ITC lies in its ability to adjudicate a broader spectrum of trade secret misappropriation claims compared to federal district courts, often providing quicker and more streamlined relief. One of its distinctive advantages is the power to exclude imports into the United States found to be in violation of Section 337 of the Tariff Act. This section addresses “unfair methods of competition,” including trade secret violations. To leverage the ITC as a forum, a trade secret complainant must demonstrate both the existence of a domestic industry and the occurrence of an injury or the substantial likelihood thereof.
The ITC’s jurisdiction is not limited by the location of the misappropriation, allowing it to address cases where the trade secret misuse occurs entirely outside the US. A notable case referenced involves the Chinese company Ascletis, where ITC intervention was sought after it was determined that Ascletis misappropriated a US firm’s trade secrets abroad and used them to develop products later imported into the US.
An additional advantage for claimants using the ITC over federal district courts comes from the absence of an explicit statute of limitations for bringing trade secret misappropriation claims. This absence ensures that claims are not deemed time-barred, which is a common restriction in district court settings. The ITC’s procedural practices, its in rem jurisdiction, and mandatory exclusion orders in the event of a Section 337 violation further enhance its attractiveness as a venue.
Given these factors, many anticipate a continued rise in the number of new trade secret cases initiated under Section 337 at the ITC. For practitioners and stakeholders involved in such disputes, considering the ITC as a strategic option for obtaining relief is increasingly seen as prudent and effective.
For those interested in a deeper exploration of this topic, the full article is available on Bloomberg Law.