PTAB Filings Down 81% in Q2 2026 as Patent Challengers Abandon IPR Playbook

Recent data highlighted by IAM shows a notable shift in U.S. patent dispute activity, with patent challengers filing significantly fewer matters before the Patent Trial and Appeal Board (PTAB) while activity at the U.S. International Trade Commission (ITC) increased year over year. The report attributes the decline in PTAB filings to recent USPTO policy changes and notes that parties are increasingly evaluating alternative forums for patent disputes. Meanwhile, ITC patent-related filings rose compared to the same period in 2025, reflecting continued interest in the Commission as a venue for patent enforcement.

Finnegan partner and co-leader of the firm’s ITC litigation practice Smith Brittingham, told IAM that the impact can be seen in the wide range of complaints parties are bringing to the ITC.

“We’re seeing everything from small consumer products like vehicle space guards to heavy machinery… You’ve got your usual cases involving semiconductor chips but also cases involving confectionary products and pickleball paddles. Everybody seems to be looking at the ITC as a potential forum.”

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