Technology Roundup: Top Insights from Q2 – Q3

Halfway through 2026, the U.S. International Trade Commission (ITC) is balancing an active Section 337 docket with meaningful changes in its leadership. Investigations continue to move on demanding schedules as the Commission welcomes new members and prepares for a change on its Administrative Law Judge (ALJ) bench.

The U.S. International Trade Commission is entering an important period of transition. Administrative Law Judge (ALJ) MaryJoan McNamara's planned departure has prompted the Commission to begin searching for her successor, while the Commission itself is also welcoming new leadership as the Senate advances a full slate of commissioner nominees.

Artificial intelligence is no longer a theoretical issue in litigation. Law firms are developing AI policies, courts have issued guidance on attorney use of generative AI, and litigants are increasingly encountering AI-generated work during discovery. More recently, attention has begun to shift to another question: what happens when expert witnesses incorporate AI into their work?

Companies are investing enormous resources into developing proprietary algorithms, manufacturing processes, engineering designs, training data, source code, and other confidential information that often cannot be protected through patents alone.

Success at the ITC depends not just on the legal merits, but on how effectively parties can organize technical complexity, align expert-driven narratives, and present a clear, disciplined case under significant time pressure. Let’s explore how venue nuances and current industry trends are impacting proceedings seen before the Commission.

Litigation surrounding autonomous vehicle technology raises a question that courts will increasingly confront as AI becomes more embedded in everyday life: when humans and machines share control, who gets the blame when something goes wrong?

To better understand evolving trends at the venue and hear directly from those involved in ITC litigation, DOAR proudly sponsored and attended the American Conference Institute’s annual ITC Litigation and Enforcement Conference.

As generative AI technologies move from early adoption to widespread commercial use, litigation activity is accelerating in parallel. Our analysis of 168 district court cases highlights a sharp rise in filings, a high concentration among a small group of defendants, and early signals of how this legal landscape may evolve.