We setup a brand new install of CE 188.8.131.52 and ran Magereport, it shows 9767 as patched.
However, after migrating some of our custom templates, Magereport now shows 9767 as unpatched.
How can we fix this? Are we patched or not?
If you try with the default theme (RWD) and you got a confirmation for the patch and then, with your custom templates you got a warning, is possible that your templates has some error or miss some of the fixes introduced by the patch.
You'll need to check again those phtml and apply the fixes manually.