# Fewer IPRs are ending in settlement.

Settlements were 16% of concluded PTAB trials in FY2026, 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.

Sources checked October 16, 2026

**26% → 16%** settlements as a share of concluded PTAB proceedings, FY2025 to FY2026.

## Before you read

What share of concluded PTAB proceedings ended in settlement in FY2026?

- About 16%
- About 26%
- About 40%

About 16%, down from 26% in FY2025.

## The share fell

The USPTO counts settlements against all concluded proceedings each fiscal year. Trial statistics, slide 10

## Read the denominator

## What it means

## The takeaway

Settle on purpose, not by default. And file the side agreements.

## Related stories

- [If the settlement mentions it, file it.](https://postgrantproceeding.com/insights/d14-if-the-settlement-mentions-it)
- [An IPR has two gates. Don’t multiply them.](https://postgrantproceeding.com/insights/t05-an-ipr-has-two-gates-dont-multiply-them)
- [Past the Director is not past the Board.](https://postgrantproceeding.com/insights/d02-past-the-director-is-not-past-the-board)

## Sources

- S48. USPTO, PTAB Trial Statistics, September 2026 (FY2026: Oct. 1, 2025 to Sept. 30, 2026). https://www.uspto.gov/sites/default/files/documents/trial_stats_september2026.pdf
- S49. USPTO, PTAB Trial Statistics, August 2026 (settlements slide, FY2022 to FY2026 year to date). https://www.uspto.gov/sites/default/files/documents/trial_stats_august_2026.pdf

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.

General information about published decisions, not legal advice. Reading it does not create an attorney-client relationship.