07/23/2026
One month changed how the PTAB decides IPR proceedings. In May 2025, IPR petitions were rejected almost entirely on the merits, with 39 "Institution Denied" by the Board vs. just 1 Director's discretionary denial. By June, that had completely flipped.
For most of the next year, the Director denied more IPRs on discretionary grounds than the Board denied for actual weaknesses in the petition, peaking in July 2025 at 103 discretionary denials against only 19 from the Board. Across the full 14-month window: 672 discretionary denials vs. 231 on the merits, nearly 3-to-1.
We generated this in seconds by asking LexDana, Patexia's AI research agent for legal data, a single question in plain English. No code, no analyst, just a prompt. See the month-by-month shift yourself:
https://app.lexdana.ai/?q=Sum+the+monthly+count+of+IPR+proceedings+terminating+with+status+%22Discretionary+Denial%2C%22+vs+%22Institution+denied%22+by+the+board%2C+for+termination+months+from+May+2025+through+the+most+recent+complete+month+of+2026.%0A&utm_source=linkedin&utm_medium=social&utm_campaign=social