ITC Proposes Disclosure Rule Reaching Litigation Funders in Section 337 Cases
The U.S. International Trade Commission has proposed a new disclosure rule that would require parties and intervenors in Section 337 investigations to identify ownership interests, legal-rights holders, and non-party funders or decision-makers with financial or control stakes in the matter. The rule reflects a broader patent-forum trend toward unmasking the parties operating behind named litigants.
As reported by JD Supra, the proposal would mandate disclosure across three categories: parent corporations and stock owners; non-party persons or entities with legal rights to bring the investigation based on the asserted unfair acts; and any non-counsel person or entity providing investigation-specific funding or holding approval rights over litigation or settlement decisions. Counsel contingency arrangements, personal loans, bank loans, and insurance are expressly excluded.
The Commission framed the rule as a transparency measure aimed at evaluating conflicts, clarifying whose rights are at stake, and facilitating settlement. The proposal aligns with the Patent Trial and Appeal Board's real-party-in-interest scrutiny and Chief Judge Colm Connolly's standing order in the District of Delaware, which already requires disclosure of non-recourse funding and funder approval rights. Public comments are open until June 29, 2026.
For litigation funders, the rule does not bar third-party financing of Section 337 cases but does demand visibility into capital structures and decisional control. Funders backing patent-heavy ITC dockets will need to assess whether portfolio mechanics, exclusive-licensee arrangements, or settlement consent rights cross the disclosure threshold — and prepare for a regulatory environment in which the named complainant is no longer presumed to tell the whole story.

