The data suggests that the ITC is here to stay and almost all patent enforcement actions will take place, at least in part, in the ITC. The landscape of patent enforcement has permanently changed, and the ITC is a solid part of it. This Article reaches these conclusions by first, in Part I, describing the unique features of the ITC that make it a favored venue of patentees. Part II describes the Federal Circuit's decision in Kyocera and the various postulates as to its impact. Part III describes the study, the specific data obtained, and the results. Part IV analyzes the results, looking at whether the predictions of Kyocera were true and what the data says about the ITC place in patent enforcement.
Christopher A. Cotropia, Strength of the International Trade Commission as a Patent Venue, 20 Tex. Intell. Prop. L.J. 1 (2011).