Federal Circuit PTAB Appeal Statistics for March–May 2026

In March through May 2026, the Court of Appeals for the Federal Circuit issued a total of 42 opinions in appeals from post-grant proceedings at the PTAB. These are summarized below by month.

In March, the Federal Circuit affirmed the PTAB on every issue in 7 cases (77.78%), including one precedential decision in Implicit, LLC v. Sonos, Inc. (No. 20-1173). The court issued a mixed outcome, in which some issues were affirmed on appeal and some were not, in 2 cases (22.22%). The Court did not issue any dismissals on substantive (e.g., non-settlement) grounds or opinions in which every issue was reversed or vacated.

In April, the Federal Circuit affirmed the PTAB on every issue in 15 cases (75%). The court issued 2 opinions (10%) resulting in a mixed outcome, as well as 2 opinions (10%) where every issue was reversed or vacated. The court dismissed 1 case (5%) on substantive grounds in its precedential opinion in Ironsource Ltd. v. Digital Turbine, Inc. (No. 24-1831).

In May, the Federal Circuit affirmed the PTAB on every issue in 11 cases (84.62%). The court issued 1 precedential opinion (7.69%) in which every issue was reversed or vacated in Federal Express Corporation v. Qualcomm Incorporated (No. 24-1236). The court issued 1 opinion (7.69%) with a mixed outcome and did not issue any dismissals on substantive grounds.

Through May 31, 2026, the Federal Circuit cumulatively decided 1,611 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 the March-May 2026 timeframe, the court issued two opinions in PGR appeals.

In IPR appeals, the Federal Circuit has cumulatively affirmed the PTAB on every issue in 1,144 cases (75.07%) and reversed or vacated the PTAB on every issue in 183 cases (12.01%).  A mixed outcome on appeal occurred in 155 cases (10.17%), and the court dismissed 42 IPR appeals (2.76%) 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 1,206 cases (74.86%), issued a mixed outcome in 162 cases (10.06%), reversed or vacated every issue in 194 cases (12.04%), and dismissed 49 cases on substantive grounds (3.04%).

Of the 1,611 IPR, CBM, and PGR cumulative appeals that it has considered, the Federal Circuit issued Rule 36 affirmances in 667 cases (41.40%).  The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 944 cases (58.60%). The ratio of Rule 36 affirmances to written decisions has generally trended downward over time, although it increased slightly in the March-May 2026 period.