; and (ii) request a non-binding recommendation as to the patentability of a substitute claim. (C) Right of reply Any party to the post-grant review may file supplemental briefing, including new evidence, addressing the expedited patentability report. (D) Timing The production of the expedited patentability report shall be expedited. (E) Good cause The ordering of an expedited patentability report shall constitute good cause, for purposes of section 326(a)(11), to extend the 1-year period for the post-grant review. (4) Adjudication of patentability (A) No rebuttal A patent owner shall be entitled to a substitute claim if the prima facie showing required under paragraph (1) is not rebutted. (B) Additional evidence If additional evidence of record is presented, the patent owner shall be entitled to a substitute claim unless a preponderance of that evidence proves that the patent owner is not so entitled. (5) Patent Trial and Appeal Board’s discretion to order expedited PGR reexamination Upon issuing a final written decision with respect to each challenged claim, the Patent Trial and Appeal Board may order an expedited PGR reexamination to be conducted under section (d)(2) to consider a substitute claim in lieu of issuing a final written decision on that claim. (6) Amendments to advance settlement The Patent Trial and Appeal Board may consider additional motions to amend upon the joint request of the petitioner and the patent owner to materially advance the settlement of a proceeding under section 327 if the patent owner makes the prima facie showing required under paragraph (1). (d) Amendment practice before a patent examiner (1) Motion to convert to expedited PGR examination (A) In general If the Director determines to institute a post-grant review on a challenged claim under section 324, a patent owner may, before any further substantive briefing on the patentability of an instituted claim, move to terminate the post-grant review in favor of an expedited PGR reexamination under paragraph (2) of this subsection.