Last week, yet another request for Director Review shined a light on what has become the seedy underbelly of the Patent Trial and Appeal Board (PTAB). In Innoscience Technology Co. LTD., v. Efficient Power Conversion Corp. (IPR2023-01381), not only did the PTAB institute a challenge brought by a China-based infringer (Innoscience) against a U.S.-based patent owner (Efficient Power Conversion), but the challenge was instituted after completion of a week-long trial at the International Trade Commission (ITC) and during the process of post-trial briefing.

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