Andrew Radsch Discusses PTAB Filing Decline and USPTO Policy Changes in IAM 

Munger, Tolles & Olson Partner Andrew Radsch was featured in an Intellectual Asset Management article titled, “PTAB filings down 81% in Q2 2026 as patent challengers abandon IPR playbook.” The article examines a sharp decline in Patent Trial and Appeal Board (PTAB) filings, including an 84% year-over-year drop in inter partes review (IPR) petitions during the second quarter of 2026. 

Andrew discussed how recent U.S. Patent and Trademark Office (USPTO) policy changes have created uncertainty for patent challengers considering IPR petitions. “There is a lot of uncertainty around what is going to carry the day for institution and many companies are just reluctant to spend the money pursuing IPRs,” Andrew said. 

The article also addresses the growing use of ex parte reexamination (EPR) as an alternative to IPR proceedings. Andrew explained that challengers had previously been able to file an IPR and, following a discretionary denial, quickly pursue an EPR using the same prior art. The article notes that a recent USPTO decision suggests that approach may no longer be viable, even where the agency did not previously evaluate the merits of the prior art and arguments. 

“The strategy until then was to file an IPR and, if it was denied institution discretionarily, then you quickly pivot and file an EPR using the same art,” Andrew said. “I think that’s no longer viable. Some of the decrease in IPR filings probably reflects hesitancy with that approach, and petitioners may be using EPRs in the first instance instead.” 

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