Kathi Vidal

Kathi Vidal is a highly accomplished patent litigator who recently rejoined Winston & Strawn LLP as a partner and member of the firm's Executive Committee, following her distinguished tenure as the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO) from April 2022 to December 2024. Prior to her government service, she was the Managing Partner of Winston & Strawn's Silicon Valley office and previously led a 270-attorney litigation group at Fish & Richardson P.C.

Her practice encompasses a broad range of high-stakes intellectual property matters, including patent, trade secret, trademark, copyright, and anti-counterfeiting litigation in U.S. federal district courts and the International Trade Commission. With a deep technical background as an electrical and systems engineer and an early career designing AI systems for aircraft, Ms. Vidal is particularly adept at handling complex cases involving artificial intelligence (AI), next-generation semiconductors, critical and emerging technologies, standardized technology and standard essential patents (SEPs), and pharmaceuticals/life sciences. Throughout her career, she has represented both patent holders and defendants, demonstrating a versatile approach to intellectual property disputes. The tracked case, NetApp, Inc. v. Valtrus Innovations Ltd. et al., highlights her experience as lead counsel for plaintiffs.

Ms. Vidal possesses extensive experience with the Patent Trial and Appeal Board (PTAB), frequently appearing in IPR and PGR proceedings. Notably, she represented Micron, Dell, and HP in successful PTAB challenges that led to patent invalidations, decisions later affirmed by the Federal Circuit. As USPTO Director, she played a significant role in shaping PTAB policy, working to enhance the independence of PTAB judges and introducing guidance on discretionary denials in post-grant proceedings. She also exercised Director Review authority, as seen in affirming a PTAB sanctions decision against Longhorn Vaccines & Diagnostics LLC for withholding evidence.

Among her notable litigation achievements are securing a complete jury trial victory for Chamberlain Group in a willful infringement case, arguing the seminal SAP v. InvestPic case on patent eligibility at the Federal Circuit, and establishing precedent by obtaining a district court decision to pierce the corporate veil for attorney's fees under 35 U.S.C. § 285. Ms. Vidal earned a B.S. in Electrical Engineering from Binghamton University, an M.S. in Electrical Engineering from Syracuse University, and a J.D. from the University of Pennsylvania Law School, where she was Editor-in-Chief of the Penn Law Review. She also served as a law clerk to the Honorable Alvin A. Schall on the U.S. Court of Appeals for the Federal Circuit. She is admitted to practice in the District of Columbia, Arizona, California, and before the U.S. Patent & Trademark Office.