December 3, 2020
Submitted Via E-Rulemaking Portal
Attention: Scott C. Weidenfeller, Vice Chief APJ United States Patent and Trademark Office
Re: Proposed Rulemaking Regarding Use of Discretion in Instituting Trials before the Patent Trial and Appeal Board (Docket No. PTO-C-2020-0055)
The Entertainment Software Association (“ESA”) welcomes the opportunity to respond to the U.S. Patent and Trademark Office’s request for comments regarding considerations for instituting trials before the Office under the Leahy-Smith America Invents Act (“AIA”). ESA’s comments focus on questions 5 and 6 and support the view that the USPTO should refrain from rulemaking that would authorize denying institution of AIA trials based on the timeline, progress, or status of parallel U.S. district court or ITC litigation.
