April 2025 Institution Rate Slips Below 45 Percent, PTAB Litigation Blog
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The PTAB has published its monthly statistics wrap up for April 2025. As expected, those statistics show a significant decline in the institution rate compared to the first six months of the fiscal year. In those first six months, the overall institution rate was 68% (393 of 580). April showed a significant decline, with trial being instituted in only 38 out of 86 matters (44%). That 44% does not include instances where the Acting Director has exercised the PTAB’s discretion to deny institution on Director Review, after a panel had instituted trial having found that the evidentiary threshold for institution was met.
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