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At the PTAB Blog

Federal Circuit PTAB Appeal Statistics for June and July 2026

September 9, 2026

Authored and Edited by Daniel F. Klodowski; Michelle G. Rice; Jason E. Stach; Elliot C. Cook

In June and July 2026, the Court of Appeals for the Federal Circuit issued 23 total opinions in appeals from post-grant proceedings at the PTAB.  These are summarized below by month.

Of the eight opinions it issued in June, the Federal Circuit affirmed the PTAB on every issue in 5 cases (62.50%).  The court issued a mixed outcome, in which some issues were affirmed on appeal and some were not, in 1 case (12.50%): the precedential opinion in Hafeman v. Google LLC (No. 2024-1600).  The Court issued 2 opinions (25%) in which every issue was reversed or vacated and did not issue any dismissals on substantive (e.g., non-settlement) grounds.

Of the 15 opinions it issued in July, the Federal Circuit affirmed the PTAB on every issue in 13 cases (86.67%), including its precedential opinion in Intellectual Pixels Ltd. v. Sony interactive Entertainment LLC (No. 2024-2174).  The Court issued 2 opinions (13.33%) where every issue was reversed or vacated and did not issue any opinions with a mixed outcome or a dismissal on substantive grounds.

Through July 31, 2026, the Federal Circuit cumulatively decided 1,634 appeals from the PTAB in IPRs, CBMs, and PGRs.  While the vast majority of these appeals came from IPR proceedings, the number of PGR appeals has slowly increased over time.

In IPR appeals, the Federal Circuit has cumulatively affirmed the PTAB on every issue in 1,162 cases (75.11%) and reversed or vacated the PTAB on every issue in 187 cases (12.09%).  A mixed outcome on appeal occurred in 156 cases (10.08%), and the court dismissed 42 IPR appeals (2.71%) on substantive (e.g., non-settlement) grounds.  

In PGR appeals, the Federal Circuit cumulatively affirmed the PTAB on every issue in 21 cases (63.64%), issued a mixed outcome in 3 cases (9.09%), reversed or vacated every issue in 6 cases (18.18%), and dismissed 3 appeals (9.09%) on substantive (e.g., non-settlement) grounds.  

Taken together, in decisions for IPR, CBM, and PGR appeals, the Federal Circuit affirmed every issue in 1,224 cases (74.91%), issued a mixed outcome in 163 cases (9.98%), reversed or vacated every issue in 198 cases (12.12%), and dismissed 49 cases on substantive grounds (3%).

Of the 1,634 IPR, CBM, and PGR cumulative appeals that it has considered, the Federal Circuit issued Rule 36 affirmances in 673 cases (41.19%).  The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 961 cases (58.81%).  The ratio of Rule 36 affirmances to written decisions has generally trended downward over time.

Related Practices

Appeals, Issues, and Legal Strategy

Federal Circuit and Supreme Court Appeals

Patent Office Invalidation Proceedings

PTAB Invalidation Proceedings: IPR and PGR

Related Offices

Atlanta, GA

Reston, VA

Washington, DC

Contacts

Daniel F. Klodowski
Partner
Washington, DC
+1 202 408 4216
Email
Michelle_Yongyuan_Rice
Michelle G. Rice
Associate
Washington, DC
+1 202 408 4229
Email
Jason E. Stach
Partner
Atlanta, GA
+1 404 653 6428
Email
Elliot C. Cook
Partner
Reston, VA
+1 571 203 2738
Email

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