The PTAB’s institution rates have bounced back under Director Vidal, as discretionary denials have plummeted.

Key Points:

..Petitioners are enjoying the highest institution rate since 2015-2016, driven largely by a corresponding decrease in discretionary denials.

..More defendants (i.e., potential petitioners) will now consider the option to challenge patent validity at the PTAB.

..Patent owners should prepare for more PTAB challenges and instituted IPRs and PGRs.