Settlements were 16% of concluded Patent Trial and Appeal Board trials in Fiscal Year 2026, down from 26% the year before, and fell in number from 368 to 198. The share counts institution denials in its denominator, so read the drop with care.
Before you read
What share of concluded PTAB proceedings ended in settlement in FY2026?
About 16%, down from 26% in FY2025.
Part 1 of 3
The USPTO counts settlements against all concluded proceedings each fiscal year.
Fiscal years run October 1 to September 30.
Source
Part 2 of 3
The tempting reading
Parties are far less willing to settle IPRs.
What the numbers support
Fewer settlements, both as a share and in number. But the share’s denominator includes institution denials. More denials alone would push the share down, so the drop doesn’t by itself show a change in willingness to settle.
Part 3 of 3
The takeaway
Settle on purpose, not by default. And file the side agreements.
Precedential decisions bind the Board within their designated scope. Informative decisions show the Office’s reasoning but do not bind the Board. Court opinions are cited for what they decided; later history was checked on the date shown above.