Context: The U.S. International Trade Commission (ITC) has only had 50% of its Commissioners since February 1, 2025, when Rhonda K. Schmidtlein stepped down to enter the private sector (January 16, 2025 ITC press release). This past February, President Trump nominated Republicans David Foley Jr. and Brett Doyle for two of the ITC Commissioner posts, with Mr. Foley having significant IP experience. However, they are yet to be confirmed by the U.S. Senate.
Meanwhile, all three of the remaining Commissioners, two Democrats and one Republican, are either approaching the end of their terms or their terms have already expired:
- Amy A. Karpel, Chair (term expires on June 16, 2026)
- David S. Johanson, Commissioner (term expired)
- Jason E. Kearns, Commissioner (term expired)
What’s new: The U.S. government yesterday announced that the President has nominated three new Commissioners, including one with significant IP experience (June 1, 2026 White House Presidential Actions announcement):
- Peter-Anthony Pappas: IP Policy Director for the Senate Judiciary Committee of New Jersey, for a term expiring June 16, 2035.
- Bart Thanhauser: Deputy Assistant Trade Representative for the Southeast Asia and Pacific Regions of New York, for a term expiring December 16, 2027.
- Samuel Negatu: Director of Government Affairs for the Consumer Technology Association of the District of Columbia, for a term expiring June 16, 2029.
Direct impact and wider ramifications: If the ITC is able to regain 100% of its Commissioners, this would help a lot in cases such as where parties have used missing members to prevent decision-making, such as in Nokia v. Amazon (January 17, 2025 ip fray article). While that case has now long been settled, Amazon asserted at the time that the ITC was “inquorate” (lacking the quorum to make decisions), seeking to push a decision by four months. However, while a majority of the Commissioners in office shall constitute a quorum, the Commission may function notwithstanding vacancies. Often, Commissioners will recuse themselves from cases, but this can lead to very few members left (especially if there are only three in the first place). So, either way, having more Commissioners can only benefit the ITC’s decision-making. There is power in numbers.
The ITC’s composition
The ITC is headed up by six Commissioners, who are nominated by the President and later confirmed by the U.S. Senate. Under the rules, no more than three Commissioners are allowed to be of the same political party.
Each Commissioner will serve overlapping terms of nine years each, with a new term beginning every 18 months. The Chairman and Vice Chairman are designated by the President from among the current Commissioners for two-year terms. The Chairman and Vice Chairman must be from different political parties, and the Chairman cannot be from the same political party as the preceding Chairman.
The staff on the ITC totals about 365 individuals, and it includes international trade analysts (investigators and experts in particular industries), international economists, attorneys, and technical support personnel.