; and (ii) request a non-binding recommendation as to the patentability of a substitute claim. (C) Right of reply Any party to the inter partes 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 316(a)(11), to extend the 1-year period for the inter partes 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 IPR reexamination Upon issuing a final written decision with respect to each challenged claim, the Patent Trial and Appeal Board may order an expedited IPR reexamination to be conducted under subsection (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 317 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 IPR examination (A) In general If the Director determines to institute an inter partes review on a challenged claim under section 314, a patent owner may, before any further substantive briefing on the patentability of an instituted claim, move to terminate the inter partes review in favor of an expedited IPR reexamination under paragraph (2) of this