On April 15, 2013, the Commission published an Update titled “Facts And Trends Regarding USITC Section 337 Litigations” of its June 18, 2012 report. Both reports contain information on Section 337 litigation by non-practicing entities (“NPEs”), which the Commission analyzes using two categories: (i) Category 2 NPEs: entities that do not manufacture products that practice the asserted patents and whose business model primarily focuses on purchasing and asserting patents; and (ii) Category 1 NPEs: all other entities that do not manufacture products that practice the asserted patents, including inventors, research institutions, and startups. According to the Update, data does not support the claim that NPE litigation accounts for increased Section 337 litigation as a result of the decision in eBay v. MercExchange. Since the eBay decision (May 15, 2006) through Q1 2013the Commission instituted 301 investigations – Category 1 NPEs accounted for 33 (11%) and Category 2 NPEs accounted for 27 (9%); and only four NPEs obtained exclusion orders – two Category 1 NPEs and two Category 2 NPEs. However, of the 43 investigations instituted between Q1 2012 and Q1 2013, Category 1 NPEs filed seven (16%) and Category 2 NPEs filed six (14%). Thus, NPE filings over the past 12 months represent a higher percentage of total filings than the percentage for the previous seven years. The Update also concludes that NPE investigations do not settle more frequently and do not result in a greater number of respondents per investigation.