An instituted IPR “shall be terminated with respect to any petitioner upon the joint request of the petitioner and the patent owner, unless the Office has decided the merits of the proceeding before the request for termination is filed.”

In sum, the Board appears more likely to grant early termination motions, and denials have been most frequent at later stages, particularly if the Board has already prepared for or conducted oral argument.

if the records clearly show that the challenged claims are unpatentable and the patent owner has not yet filed a patent owner response and/or amendment, the Board may continue the proceeding” for the patent owner to do so. 77 Fed. Reg. 48,648 (Aug. 14, 2012).

I'm done--I yield to the Senator from Letgovania.