Thursday, May 13, 2021 Earlier today, the U.S. International Trade Commission (ITC) announced a pilot program that will allow Administrative Law Judges (ALJs) to issue interim Initial Determinations (IDs) on fewer than all issues in Section 337 investigations. The announcement can be found here. The pilot program is part of the ITC’s ongoing efforts to expeditiously resolve Section 337 investigations, either through resolution of issues on the merits or by facilitating settlement. The pilot program will apply to all investigations instituted on or after May 12, 2021, and to investigations instituted prior to May 12, 2021 at the discretion of the ALJ. Under the pilot program, ALJs can issue interim IDs focused on case-dispositive issues or significant issues that may facilitate settlement, in advance of the main evidentiary hearing. Possible issues may include infringement, patent invalidity, patent eligibility, standing, and/or the domestic industry requirement. ALJs will have discretion to decide whether to utilize the program for a particular issue. ALJs will also have discretion to modify the Procedural Schedule in an investigation in the pilot program, including suspension of discovery and the Procedural Schedule with regard to other issues, so long as the modifications do not violate the ITC’s statutory obligation to resolve Section 337 investigations at the “earliest practicable time.”