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Could the IPR be used to really bring a nuisance application or a nuisance claim against a patent owner? Could that be one possibility?

I think as it had been established in the American Defense Act, the idea was that you would have to clear the hurdle of a petition being instituted. So getting to the point of the actual IPR proceedings, you would have to show that there’s some merit to your claim in that the Patent Trial and Appeal Board has looked at your petition and thought there is a more likely than not chance that you will prevail on at least one of the challenge claims. So that hurdle seems to be blocking out the ability to file a nuisance petition or a nuisance IPR, but as maybe it’s developed before you get to that point you can kind of paper the other side to exorbitant costs.