Overview
After more than a decade at the U.S. International Trade Commission (USITC), Administrative Law Judge (ALJ) MaryJoan McNamara is preparing to retire in September 2026, closing a significant chapter in the agency's history. McNamara, who joined the USITC as an ALJ in August 2015, is currently the Commission’s longest-serving administrative law judge, having presided over some of the most consequential Section 337 investigations of the past decade.
Throughout her tenure, Judge McNamara earned a reputation for managing complex intellectual property disputes involving some of the world's largest technology companies. Her courtroom was frequently the venue for high-stakes patent battles that shaped licensing negotiations, supply chains, and import enforcement policy.
Among her most notable matters was the Qualcomm v. Apple investigation involving mobile electronic devices and processor technology (Investigation No. 337-TA-1093). In a widely watched 2019 decision, Judge McNamara found that Apple infringed one asserted Qualcomm patent and recommended exclusionary relief against certain imported products, making the investigation one of the most closely followed patent disputes before the Commission.
Judge McNamara also handled several important telecommunications and standards-related disputes. Most recently, she issued significant rulings in the ongoing Ericsson v. Lenovo patent litigation, including decisions addressing the treatment of 5G standard-essential patents and claim construction issues that attracted considerable attention from the patent bar.
Beyond the technology sector, McNamara oversaw investigations spanning consumer products, medical devices, and industrial technologies. Her 2025 determination in the HydraFacial hydrodermabrasion systems investigation resulted in findings of infringement and recommendations for exclusion and cease-and-desist orders, demonstrating the breadth of matters that came before her courtroom.
Colleagues and practitioners alike have recognized Judge McNamara for her meticulous case management, detailed opinions, and deep understanding of Section 337 practice. Her retirement comes as the USITC continues to face a heavy docket of patent and trade-related disputes, making the selection of her successor particularly important.
Who Could Fill the Vacancy?
Unlike USITC Commissioners, Administrative Law Judges are not presidential nominees and are not confirmed by the Senate. Instead, ALJs are hired through a federal application process and appointed by the Commission. Following news of Judge McNamara's planned departure, the USITC posted a vacancy announcement seeking applicants for a new ALJ position.
As of now, the Commission has not publicly announced finalists or nominees to replace Judge McNamara. The vacancy will be filled through the USITC's ALJ selection process rather than through a formal presidential nomination.
Judge McNamara leaves behind a legacy as one of the most influential USITC judges of her generation, and her impact on Section 337 jurisprudence will continue to be felt long after her retirement.
