Fact-checked by Grok 2 weeks ago

Kathi Vidal


Kathi Vidal (born 1968) is an American attorney and intellectual property litigator who served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) from April 2022 to December 2024.
Born in Bethesda, Maryland, to a military family, Vidal demonstrated early aptitude in science and engineering, entering Binghamton University at age 16 to earn a Bachelor of Science in electrical engineering, followed by a Master of Science in the same field from Syracuse University and a Juris Doctor from the University of Pennsylvania Carey Law School in 1996.
Before her nomination by President Joe Biden and Senate confirmation in March 2022, she built a career in private practice as managing partner of Winston & Strawn's intellectual property litigation group in Washington, D.C., handling high-stakes patent disputes in technologies including semiconductors, telecommunications, and software.
During her tenure leading the $4.2 billion USPTO—a agency with over 13,000 employees—she prioritized bolstering U.S. innovation leadership through initiatives like expanding K-12 IP education programs, enhancing Patent Trial and Appeal Board transparency via director reviews, and resisting international pressures to weaken patent protections, though her discretionary interventions in post-grant proceedings sparked debate among patent holders and practitioners over consistency and due process.

Early Life and Education

Family Background and Upbringing

Kathi Vidal was born in , in 1968. She grew up in a career military family, which shaped her early experiences through frequent relocations tied to her father's service. Vidal spent her childhood on military bases across multiple countries, including locations in the United States, Panama, Germany, and the Azores in Portugal. This nomadic upbringing exposed her to diverse environments from a young age, fostering resilience and adaptability. On the base in the Azores, she stood out as the only member of her high school class to pursue and complete college. During this period, Vidal developed a strong interest in science, mathematics, and problem-solving, interests that later influenced her career path in engineering and law.

Academic Background

Kathi Vidal earned a in from in 1990, having entered the institution at the age of 16. This early enrollment highlighted her academic precocity, as she pursued rigorous coursework in a technical field while transitioning from a military family background. She subsequently obtained a Master of Science in electrical engineering from Syracuse University in 1992, building on her undergraduate foundation with advanced studies likely focused on systems and manufacturing applications, given her later industry experience. Vidal then shifted toward legal education, completing a Juris Doctor at the University of Pennsylvania Law School in 1996, where she served as editor-in-chief of the University of Pennsylvania Law Review. This role involved overseeing scholarly publications on legal topics, demonstrating her analytical skills in bridging technical and juridical domains. Her progression from engineering to law degrees equipped her with interdisciplinary expertise central to intellectual property practice.

Pre-USPTO Career

Engineering Positions

Kathi Vidal began her professional career in engineering at (GE) Aerospace, which later became part of , following her bachelor's degree in from in 1990. She was selected for GE's prestigious Edison Engineering Program, a competitive initiative for high-potential , and worked as a systems specializing in , , and circuitry design. During this period, Vidal contributed to the development of one of the first commercial neural networks, applying AI techniques to practical challenges in aerospace systems. From 1990 to 1992, she held the role of focused on and design work at in , where she advanced her expertise in systems integration and applications. Vidal pursued her in from concurrently through a night program, balancing graduate studies with full-time engineering responsibilities at the firm. Her approximately five years of pre-law engineering experience emphasized hands-on design and manufacturing in high-tech environments, providing a technical foundation that informed her subsequent practice.

Legal Practice and Partnerships

Following her clerkship with Judge Alvin A. Schall on the U.S. Court of Appeals for the Federal Circuit, Vidal joined Fish & Richardson P.C. as a litigator in 1997. Over her 20-year tenure at the firm, she handled complex disputes, representing clients in U.S. district courts, the International Trade Commission, and appellate proceedings before the Federal Circuit, with a focus on high-stakes cases involving technologies such as semiconductors, software, and telecommunications. Vidal advanced to leadership roles at Fish & Richardson, becoming global head of its litigation practice, overseeing a team of 270 attorneys across 11 offices worldwide, and serving on the firm's management committee. In this capacity, she contributed to strategic firm decisions and expanded the practice's international footprint while maintaining a trial-heavy caseload, including victories in trials and post-grant proceedings. In April 2017, Vidal transitioned to Winston & Strawn LLP as a partner in its Silicon Valley and Washington, D.C. offices, where she specialized in patent litigation and counseling for technology companies. She assumed the role of managing partner for the Silicon Valley office and joined the firm's Executive Committee, guiding business development and operations in emerging tech sectors like artificial intelligence and biotechnology. Her practice emphasized representing both plaintiffs and defendants in district court litigations, ITC investigations, and Patent Trial and Appeal Board challenges, often involving multimillion-dollar disputes.

Nomination and Confirmation to USPTO

Political Appointment Process

President nominated Kathi Vidal to serve as Under Secretary of for and Director of the Patent and Trademark Office (USPTO) on October 26, 2021, filling a vacancy left by Andrei Iancu's resignation in 2021. The nomination followed standard procedures for Senate-confirmed positions under Article II of the U.S. Constitution, requiring presidential selection and advice-and-consent confirmation by the , with the Committee handling initial review for executive branch roles involving . The Judiciary Committee conducted a hearing on Vidal's on December 1, 2021, where she addressed priorities such as eligibility, diversity in innovation, and USPTO operations. On , 2022, the committee voted to advance her to the full , reflecting bipartisan support amid stakeholder endorsements from organizations praising her private-sector experience in litigation. The process encountered typical delays due to the 's schedule, including recesses, but proceeded without significant partisan opposition. The full confirmed Vidal by on April 5, 2022, enabling her to assume leadership of the USPTO's approximately 13,000 employees and $4 billion budget as a principal advisor to the on matters. This confirmation solidified her role in advancing Biden administration priorities, including equitable access to systems, though the appointment drew scrutiny from some industry groups over potential shifts in patent policy away from prior emphases on strong inventor protections.

Senate Confirmation Hearings and Debates

Kathi Vidal's confirmation hearing before the Senate Judiciary Committee occurred on December 1, 2021. During the session, senators questioned Vidal on critical patent policy issues, including patent eligibility under Section 101, the Patent Trial and Appeal Board's (PTAB) application of Fintiv factors for discretionary denials of inter partes review (IPR) petitions, and standard-essential patents (SEPs). Senator (R-IA) inquired about the most pressing challenges in the patent system, prompting Vidal to emphasize the need for clarity in eligibility standards to reduce uncertainty for innovators. Vidal, drawing from her experience representing both patent owners and challengers in PTAB proceedings, expressed openness to consulting stakeholders on potential reforms to discretionary denial practices and committed to addressing ambiguities in Section 101 jurisprudence without preempting legislative solutions. She advocated for balanced approaches to SEPs, stressing fair licensing and enforcement to support innovation while preventing abuse. In written responses to follow-up questions, Vidal reiterated her intent to prioritize operational efficiency at the USPTO and maintain impartiality in adjudicative roles. The committee advanced her nomination on January 13, 2022, by a vote of 17-5, reflecting broad bipartisan support despite scrutiny over Vidal's professional ties to firms, which raised concerns among some lawmakers about potential influence from large technology companies in patent challenges. Senator (R-NC) voiced strong endorsement, describing Vidal as a "visionary leader" capable of sustaining patentee-friendly reforms from prior administrations. Opposition emerged from groups representing independent inventors, who cited Vidal's prior PTAB advocacy record as favoring institutional petitioners over individual patentees. Debates in the full were minimal, culminating in by on April 5, 2022, without recorded dissents, signaling consensus on her qualifications amid ongoing USPTO backlogs and policy uncertainties. The relatively swift process, following the committee's lopsided approval, underscored limited contention, though underlying tensions over PTAB discretion and eligibility persisted in commentary.

Tenure as USPTO Director

Organizational Reforms and Operational Improvements

During her tenure, Kathi Vidal directed the implementation of the USPTO's 2022-2026 Strategic Plan, which prioritized promoting the efficient delivery of reliable rights and optimizing agency performance through enhanced operations and stakeholder experiences. This framework guided multi-year efforts to modernize processes, including revamping hiring and promotion practices to address staffing needs. Vidal advanced the agency's first pay increase in 15 years for nearly 9,000 examiners, classifiers, attorneys, and administrative staff, aiming to retain talent and boost productivity. She oversaw aggressive hiring, adding 644 examiners in 2023 and targeting 850 in 2024, alongside 85 examining attorneys in 2023. These measures supported extensive , totaling 423,400 hours for staff in 2023, and workflow optimizations like extended working hours. To enhance examination efficiency, Vidal expanded tools for examiners, including features like "More Like This Document" and Similarity Search, while introducing process changes for routing and compliance, such as achieving 80% Adjustment adherence for pending applications by March 2024. Digital infrastructure reforms included launching the Assignment Center to unify and replace the legacy Electronic Assignment System and Electronic Assignment System, fully transitioning the Center to supplant EFS-Web and Private PAIR by November 2023, and deploying a new cloud-based search in late 2023. These initiatives yielded measurable reductions in pendency: trademark first-action pendency dropped to 7.85 months by 2024 from 8.5 months in fiscal year 2023, with unexamined inventory declining by 70,000 classes (13.5%) that year; patent first office action pendency similarly fell to 20.2 months by 2024. The patent application backlog was reduced below 800,000 during her leadership, addressing inherited delays exacerbated by external factors like the through sustained hiring, technology integration, and inventory management strategies.

Patent Policy Initiatives

During her tenure as USPTO Director, Kathi Vidal advanced policy initiatives aimed at clarifying patent examination practices amid evolving technologies and post-grant proceedings. One prominent effort involved issuing guidance on (AI) and inventorship. On February 13, 2024, the USPTO released official guidance specifying that AI systems cannot be listed as inventors on applications, emphasizing that only natural persons who make significant contributions to the conception of an invention qualify as inventors, even in AI-assisted scenarios. This built on prior rulings like the denial of inventorship to AI in the case and sought to incentivize human innovation while accommodating AI tools in the inventive process. Vidal also prioritized reforms to Patent Trial and Appeal Board (PTAB) procedures, including discretionary denials in America Invents Act (AIA) post-grant reviews. In June 2022, she issued a memorandum updating the interim procedure for discretionary denials involving parallel district court litigation, refining the application of the Fintiv factors to promote predictability and reduce denials based on overlapping proceedings. This initiative responded to criticisms of inconsistent PTAB practices and aimed to balance efficient review with judicial economy. Complementing this, on September 30, 2024, the USPTO under Vidal finalized rules codifying the Director Review process for PTAB decisions, allowing the Director to review adverse judgments, dismissals, and certain interlocutory orders to ensure consistency post the Supreme Court's Arthrex decision. Additionally, Vidal's office addressed patent subject matter eligibility under Section 101. In July 2022, she announced plans to revisit USPTO guidance on eligibility, soliciting public input to enhance clarity following Supreme Court precedents like Alice. This culminated in a July 17, 2024, update specifically tailored to AI inventions, instructing examiners to evaluate whether claims integrate abstract ideas into practical applications or represent technological improvements, thereby aiming to reduce uncertainty in software and AI-related patenting. These measures aligned with the USPTO's 2022-2026 Strategic Plan's emphasis on reliable, high-quality patents, though implementation faced ongoing debate over their impact on innovation incentives.

Rulings on Patent Eligibility and Section 101

During her tenure as USPTO , Kathi Vidal exercised her supervisory authority over Patent Trial and Appeal Board (PTAB) decisions through director reviews, addressing procedural issues tied to Section 101 patent eligibility determinations in parallel district court proceedings. In cases where PTAB panels denied of inter partes reviews (IPRs) based on a district court's prior finding of invalidity under Section 101, Vidal consistently vacated those denials, emphasizing that such judicial rulings do not bind the PTAB's independent analysis under 35 U.S.C. § 314(a). For instance, in Skillz Platform Inc. v. AviaGames Inc. (IPR2022-00587, decided September 2022), the PTAB denied after a district court invalidated claims under the Alice framework for claiming abstract ideas; Vidal initiated review sua sponte and remanded for , ruling that district court eligibility judgments lack preclusive effect on PTAB discretion, as IPRs serve distinct statutory purposes focused on novelty and non-obviousness rather than eligibility. Vidal's decisions reinforced a policy of prioritizing "compelling merits" in challenges to overcome discretionary denials under the General Plastic or Fintiv factors, even amid unresolved Section 101 issues in litigation. In a March director review, she critiqued a PTAB panel's reliance on a district 's Section 101 invalidity to deny institution, directing that strong evidence of unpatentability under Sections 102 or 103 warrants trial regardless of parallel eligibility disputes, to ensure efficient resolution of validity without undue deference to non-final orders. This approach aimed to mitigate forum-shopping incentives and promote consistency, though critics argued it introduced uncertainty by subordinating eligibility to other grounds. Complementing these procedural rulings, Vidal oversaw USPTO efforts to clarify Section 101 application post-Alice Corp. v. CLS Bank Int'l, including a June 2022 report to Congress documenting stakeholder divisions on eligibility jurisprudence and examination outcomes. The report highlighted persistent uncertainty in distinguishing abstract ideas from eligible inventions, with data showing varied allowance rates across technologies, and recommended revisiting 2019 guidance without proposing legislative changes. In a July 25, 2022, Director's Blog post, Vidal solicited public input on refining eligibility examples and training to achieve "clear, predictable, and consistently applied" standards, acknowledging that Supreme Court precedents like Mayo and Alice had not resolved core ambiguities despite USPTO adaptations. These initiatives reflected her view, expressed during confirmation hearings, that Section 101 clarity required either congressional action or Supreme Court intervention, rather than administrative overreach. Vidal's PTAB interventions did not frequently alter final eligibility merits rulings but focused on institution thresholds, vacating denials in at least two documented instances involving Section 101 overlaps by mid-2023. This restrained use of review authority—amid 36 initiations overall—prioritized procedural fairness over substantive eligibility reversals, aligning with her broader emphasis on evidence-based PTAB outcomes.

Guidance on AI Inventorship and Emerging Technologies

In February 2024, under Director Kathi Vidal's leadership, the United States Patent and Trademark Office (USPTO) issued formal guidance clarifying inventorship requirements for -assisted inventions, effective February 13, 2024, and applicable to all applications filed before, on, or after that date. The guidance explicitly states that such inventions are not categorically unpatentable, rejecting blanket exclusions under the Act, but emphasizes that only natural persons—s—can qualify as inventors or joint inventors. systems, regardless of sophistication, are treated akin to other tools or equipment, with inventorship hinging on whether a made a significant contribution to the claimed invention's conception. The framework applies the established Pannu factors, derived from federal , to assess contributions: (1) the person must have contributed to the 's conception; (2) they must have done more than merely suggesting an idea or recognizing a problem without providing a solution; and (3) their contribution must be more than well-understood, routine, or conventional activities in the art, with significance evaluated in both quality and quantity relative to the as a whole. For instance, a who designs specific prompts, evaluates outputs, and refines them to arrive at a novel solution may qualify as an inventor, whereas merely presenting a problem to an and claiming its unmodified output does not. The guidance includes three hypothetical examples illustrating these boundaries, such as a researcher modifying -generated to invent a new architecture, which meets the threshold, versus an applicant whose autonomously generates an from generic inputs, which does not. This policy builds on prior judicial precedents, including the 2022 Federal Circuit decision in Thaler v. Vidal affirming that AI cannot be listed as an inventor, while extending analysis to human-AI collaborations to incentivize innovation without diluting human-centric patent protections. Vidal's USPTO also advanced related policies, including on patent subject matter eligibility for AI inventions, though these were not deemed categorically ineligible under Section 101 absent other disqualifiers like abstract ideas. Regarding broader , Vidal's tenure saw USPTO initiatives to address patent challenges in fields like and software-integrated hardware, but AI inventorship remained a focal point amid rapid advancements, with the guidance aiming to balance technological progress against maintaining incentives for human ingenuity and investment. The approach has been credited with providing examiners and applicants clearer examination standards, though it invites case-by-case scrutiny to prevent over-attribution of inventorship to minimal human inputs.

Patent Trial and Appeal Board Interventions

During her tenure as USPTO Director, Kathi Vidal actively exercised the authority granted by the Supreme Court's 2021 decision in Arthrex, Inc. v. Smith to review Patent Trial and Appeal Board (PTAB) decisions, establishing an interim Director Review process in 2022 that allowed parties to request rehearing of final written decisions, dismissals, interlocutory orders, and certain other rulings. This process was formalized in a final rule issued on September 30, 2024, which expanded review eligibility to include adverse judgments in America Invents Act (AIA) proceedings and provided for reviews by the Director. Vidal's reviews emphasized consistency in PTAB application of law, particularly in areas like claim construction and evidence handling, with over a dozen decisions issued by mid-2024. Vidal extended Director Review to PTAB institution decisions starting July 24, 2023, enabling parties to seek rehearing of determinations on whether to institute inter partes reviews (IPRs) or post-grant reviews. In practice, she conducted multiple such reviews, including six between July 10 and August 22, 2024, often addressing perceived inconsistencies or errors in PTAB panels' denials or grants of institution. For instance, in a 2023 review of a PTAB final written decision, Vidal limited the scope to sanctions for evidence suppression by patent owner Longhorn Vaccines, ultimately invalidating five patents after finding intentional misleading of the board through concealed unfavorable test results provided to experts. Beyond reviews, Vidal issued targeted guidance to shape PTAB practices, including a June 21, 2022, memorandum directing panels to refrain from discretionary denial of IPR petitions under the Apple v. Fintiv framework when petitioners stipulated to court-like claim construction, trial scheduling adjustments, and non-use of IPR evidence in parallel district court litigation (known as Sotera stipulations). This intervention aimed to reduce denials based on parallel litigation, promoting institution in cases meeting statutory criteria. Additionally, on September 22, 2023, she provided guidance on PTAB and Trademark Trial and Appeal Board paneling procedures to enhance and in assignments. These measures collectively intervened in PTAB operations to enforce accountability and uniformity, though they drew varied assessments from practitioners on their impact on proceedings efficiency.

Criticisms and Controversies

Disputes Over Director Review Practices

Director review authority at the Patent and Trademark Office (USPTO) was established following the U.S. Court's 2021 decision in United States v. Arthrex, Inc., which held that administrative patent judges (APJs) on the Patent Trial and Appeal Board (PTAB) lacked proper appointment for issuing final written decisions in inter partes reviews (IPRs) and post-grant reviews (PGRs), necessitating director-level oversight to cure constitutional defects. Under Director Kathi Vidal, who assumed office in April 2022, this authority enabled or requested reviews of PTAB institution decisions, final written decisions, and related matters, with Vidal conducting at least nine such interventions within her first four months, often to address perceived errors, evidentiary issues, or . Her reviews frequently vacated or remanded PTAB panels' rulings, as in cases involving compelling merits analyses under Advanced Bionics LLC v. Medtronic, Inc. or Fintiv factors for discretionary denials, aiming to standardize application and prioritize substantive over procedural hurdles. Disputes arose primarily from stakeholders questioning the scope, frequency, and impartiality of these reviews, with critics arguing that Vidal's hands-on approach risked transforming case-specific oversight into policymaking, potentially bypassing formal and eroding PTAB autonomy. For instance, in response to public comments solicited in on review processes, Vidal emphasized that reviews should resolve individual case merits rather than set broad policy, yet some decisions, such as remands on Fintiv , were seen as indirectly guiding PTAB practice without precedential designation. Patent challengers and owners alike contested outcomes; in a high-profile June 2023 decision, Vidal strongly admonished for alleged abuse in a $2.2 billion IPR against , upholding sanctions but drawing ire from patent holders who viewed it as overreach favoring accused infringers. Further contention emerged over perceived inconsistencies and risks, exemplified by the Federal Circuit's ruling in Unification Technologies v. Vidal, where the court upheld PTAB decisions but noted Vidal's recusal from proceedings due to prior counsel representation, avoiding a due process violation claim while highlighting potential conflicts in director involvement. Affected parties, including those in disputes, publicly alleged selective denial of review requests, though such claims often lacked formal adjudication. Vidal's September final codifying procedures—limiting panels to three APJs, enabling , and clarifying remand scopes—aimed to resolve ambiguities but faced for insufficient delegation to depoliticize the , with suggestions for random panel reassignments rejected as impractical. Post-tenure, the rescission of related Vidal-era guidances, such as on discretionary denials, underscored ongoing debates about her interventions' lasting impact on PTAB predictability.

Challenges to Patent Eligibility Decisions

During her tenure, PTAB decisions on eligibility under 35 U.S.C. § 101 faced scrutiny for inconsistency in applying the Alice Corp. v. CLS Bank framework, with appeals to the Federal Circuit resulting in reversals or remands in select cases that highlighted divergences from USPTO guidance. For instance, eligibility rejections were vacated where the PTAB failed to adequately consider whether claims integrated judicial exceptions into practical applications, as required by the USPTO's 2019 Revised Subject Matter Eligibility Guidance, which Vidal's administration reinforced through training and examples. Critics, including inventor advocacy groups, contended that PTAB panels under Vidal perpetuated uncertainty by frequently deeming software-related claims abstract without sufficient integration analysis, exacerbating the post-Alice decline in for certain technologies despite a reported drop in overall §101 rejections from 25% in 2018 to 8% by 2022 via initiatives like the DSMER pilot. Vidal maintained that clarity required congressional or intervention, as echoed in her pre-appointment statements, rather than administrative overhaul, a position that drew pushback for not addressing systemic PTAB application variances more aggressively. The USPTO's 2022 report to on §101 , overseen by Vidal, solicited public input amid complaints of unpredictability, yet subsequent Federal Circuit rulings, such as those remanding PTAB determinations for re-evaluation under step two of , underscored unresolved tensions between agency practices and judicial precedent.

Allegations of Procedural Overreach in IPR Proceedings

During her tenure as USPTO Director, Kathi Vidal utilized Director Review authority under 35 U.S.C. § 6(c) to intervene in multiple Inter Partes Review (IPR) proceedings where was alleged, particularly by petitioners filing serial or coordinated challenges to leverage settlements rather than genuine invalidity arguments. In precedential decisions, Vidal imposed sanctions including dismissal from proceedings, adverse judgments invalidating claims, and admonishments for misconduct, aiming to deter "patent extortion" tactics. For instance, on October 4, 2022, Vidal ruled that OpenSky Industries abused the IPR process in challenges to VLSI Technology's patents by coordinating filings with district court litigation to pressure for payments without pursuing substantive invalidity, resulting in OpenSky's termination from active participation and referral for further sanctions. These interventions drew allegations of procedural overreach from affected petitioners, who argued that Vidal's sanctions exceeded statutory bounds, violated by lacking adequate notice and hearing opportunities, and constituted arbitrary agency action under the (). OpenSky, in a February federal court challenge, contended that the sanctions improperly expanded PTAB authority without rulemaking, ignored evidence of legitimate petition grounds, and retroactively penalized strategic filing without clear prior guidance, potentially chilling valid IPR use. Critics, including petitioner representatives, claimed such Director Review substitutions of judgment undermined PTAB established post- (2021), which mandated principal-officer review to cure defects, asserting it enabled unchecked executive influence over quasi-judicial proceedings. Similar concerns arose in other cases, such as the December 2022 sanctions against Patent Quality Assurance (PQA) for misrepresentations in VLSI IPRs, where Vidal ordered claim cancellations and exclusion, prompting claims of excessive remedies disproportionate to alleged violations. Acting Director Stewart later modified some Vidal-era sanctions in June 2025, reducing scope in a PQA-related adverse judgment from full claim invalidation to targeted findings, which petitioners cited as tacit acknowledgment of initial overreach in procedural severity and evidentiary standards. Despite these challenges, courts have not broadly invalidated Vidal's approach, with the Federal Circuit upholding recusal measures to avert issues in related IPRs where her prior counsel role raised risks. Vidal defended her actions as necessary to preserve IPR integrity against systemic abuse, emphasizing empirical patterns like serial filings by entities with no economic interest beyond settlements, supported by data showing over 80% of challenged claims in certain VLSI IPRs abandoned post-sanction. Allegations persisted among pro-challenger advocates that the lack of codified pre-filing standards for abuse created unpredictability, potentially deterring legitimate challenges and reflecting bias toward patent owners, though USPTO data indicated IPR institution rates remained stable at around 60-65% under her guidance.

Resignation and Post-Directorship Activities

Announcement and Reasons for Departure

On November 12, 2024, Kathi Vidal announced her as Director of the United States Patent and Trademark Office (USPTO) via a post, stating that she had informed agency staff of her intent to depart during the second week of December. The announcement followed the , 2024, U.S. , positioning her exit ahead of the transition to the incoming administration, though Vidal cited her return to private practice as the primary reason. Vidal, who had served since June 2022 after confirmation on February 2, 2022, emphasized in her post a commitment to completing key ongoing initiatives before leaving, including finalizing certain rulemakings and guidance documents. Brent assumed the role of Acting Director immediately upon her resignation, serving until a permanent successor was appointed. Vidal rejoined her former law firm, , as a partner in its office on December 16, 2024, focusing on litigation and counseling. No official statements indicated external pressure or controversy as factors in her decision, with sources attributing the timing to standard post-election transitions for appointees.

Transition to Private Sector

Following her resignation from the United States Patent and Trademark Office (USPTO) on December 13, 2024, Kathi Vidal rejoined the firm LLP as a partner in its litigation practice, effective December 16, 2024. Prior to her appointment as USPTO Director in April 2022, Vidal had served as a partner at the firm, managing its office and leading high-stakes patent disputes for technology and life sciences clients. In announcing her departure from the USPTO on November 12, 2024, Vidal stated that she intended to "move back into the private sector and work with individuals and companies directly, committed to our same mission" of advancing innovation and protecting intellectual property. Upon rejoining Winston & Strawn, she assumed dual roles in the firm's Silicon Valley and Washington, D.C. offices, focusing on patent litigation strategy and policy advocacy informed by her recent government experience. The firm highlighted her return as enhancing its capabilities in complex IP matters, including those involving artificial intelligence and emerging technologies. Vidal's transition underscored a return to private practice amid the incoming Trump administration's anticipated policy shifts at the USPTO, though she expressed continued dedication to strengthening the U.S. system through client representation rather than regulatory oversight. By early 2025, she had also accepted a three-year appointment to the Advisory Council of the Court of Appeals for the Federal Circuit, announced on October 1, 2025, to advise on procedural and substantive issues in appeals. This role complemented her work without conflicting with firm responsibilities.

References

  1. [1]
    Kathi Vidal - USPTO
    Apr 13, 2022 · Kathi Vidal was born in Bethesda, Maryland in 1968, and grew up in a military family. She holds a Bachelor of Science in electrical engineering from Binghamton ...
  2. [2]
    USPTO Director Kathi Vidal Announces She Will Resign in Early ...
    Nov 12, 2024 · Accomplishments. Vidal in her announcement today characterized her time at the Office as having “transformed the USPTO” together with her team, ...Missing: achievements | Show results with:achievements
  3. [3]
    USPTO Welcomes New Director Kathi Vidal
    Apr 13, 2022 · She holds a Bachelor of Science in electrical engineering from Binghamton University, a Master of Science in electrical engineering from ...
  4. [4]
    Kathi Vidal - IP Litigator - Winston & Strawn
    A former Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), Kathi has shaped national ...
  5. [5]
    Hon. Kathi Vidal - IPWatchdog.com
    From April 2022 to December 2024, Kathi served as the U.S. Senate-confirmed Under Secretary of Commerce for IP and Director of the USPTO, leading the $4.2B ...
  6. [6]
    Kathi Vidal, with legacy of stewardship, controversial rules ... - MLex
    Nov 12, 2024 · US Patent and Trademark Office Director Kathi Vidal announced today that she will step down from her post in mid-December.Missing: achievements | Show results with:achievements
  7. [7]
    In-house divided over Kathi Vidal's policy as she marks USPTO ...
    Apr 6, 2023 · A lot of Vidal's policies and proposed initiatives touch on thorny, controversial issues, which is why they've received mixed responses ...Missing: achievements | Show results with:achievements
  8. [8]
    [PDF] Kathi Vidal, Under Secretary of Commerce for Intellectual Property ...
    Her interest in science led her to attend Binghamton University at the age of 16, where she received her bachelor's in electrical engineering.Missing: background | Show results with:background
  9. [9]
    Q&A with Kathi Vidal: Champion of Innovation and Underserved ...
    Kathi Vidal serves as the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) ...
  10. [10]
    Kathi Vidal is protecting America's best ideas - Binghamton News
    She received her Juris Doctor from the University of Pennsylvania Law School in 1996. Until she joined the Commerce Department earlier this year, she was the ...Missing: background | Show results with:background
  11. [11]
    Kathi Vidal - IP & AI Litigator and Strategist at Winston & Strawn ...
    Championing Positive Policy ...
  12. [12]
    Kathi Vidal - Silicon Valley IP Forum
    Biography. Kathi Vidal serves as the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office ...
  13. [13]
    Outgoing USPTO director to return to Winston & Strawn
    Nov 19, 2024 · Vidal first joined Winston in 2017 after nearly 20 years at IP law firm Fish & Richardson, where she rose to become global head of the 270- ...
  14. [14]
    Kathi Vidal | World IP Review
    Vidal was sworn in as the director of the US Patent and Trademark Office (USPTO) and as Undersecretary of Commerce for Intellectual Property in April 2022.
  15. [15]
    Director of United States Patent and Trademark Office Kathi Vidal to ...
    Nov 18, 2024 · Serving as advisor to the President of the United States and administration on intellectual property and as a senior Commerce official, Kathi ...Missing: WilmerHale | Show results with:WilmerHale
  16. [16]
    Kathi Vidal Has Been Nominated to Head USPTO - IP Watchdog
    Oct 26, 2021 · Her background is in mathematical physics and programming, and she has bachelor's and master's degrees in electrical engineering. She worked ...<|separator|>
  17. [17]
    Biden nominates Winston & Strawn partner Kathi Vidal to lead USPTO
    Oct 26, 2021 · Vidal graduated from Binghamton University, received a masters degree in electrical engineering from Syracuse University, and attended the ...Missing: resume | Show results with:resume
  18. [18]
    Senate Confirms Kathi Vidal as USPTO Director, PTAB Litigation Blog
    Apr 6, 2022 · On April 5, 2022, the Senate confirmed Kathi Vidal as the new Director of the USPTO by voice vote. President Joe Biden nominated Vidal for the ...
  19. [19]
    Kathi Vidal USPTO Nomination - US Inventor
    Mar 17, 2023 · The Senate Judiciary Committee held a hearing on Dec 1, 2021 to consider the nomination of Kathi Vidal to be Director of the USPTO.Missing: political appointment
  20. [20]
    USPTO Director Nominee Kathi Vidal Clears Judiciary Committee
    On January 13, the Senate Judiciary Committee voted to send President Joseph R. Biden Jr.'s nominee for USPTO director, Kathi Vidal, to the full Senate.
  21. [21]
    Jan. 26, 2022 - Advocacy Efforts for Tech Transfer | AUTM
    Jan 26, 2022 · As it returned from the holiday recess, on January 13 the Senate Judiciary Committee approved the nomination of Kathi Vidal as the next Director ...<|separator|>
  22. [22]
    IP Stakeholders Cheer as Senate Finally Confirms Vidal to Head ...
    Apr 5, 2022 · Her background is in mathematical physics and programming, and ... Congratulations Kathi Vidal on your confirmation! The USPTO is in ...
  23. [23]
    Biden pick Vidal confirmed for empowered patent and trademark ...
    Apr 6, 2022 · The US Senate confirmed former Winston & Strawn partner Kathi Vidal as director of the US Patent and Trademark Office in a voice vote Tuesday night.
  24. [24]
    Winston & Strawn Partner Kathi Vidal Confirmed as Undersecretary ...
    Apr 5, 2022 · Kathi will lead the USPTO's 13,000+ employees and its nearly $4 billion budget. She will also serve as the principal advisor to the President of ...
  25. [25]
    Nomination Hearing - Senate Judiciary Committee
    Type: Nomination Hearing ; Date: Wednesday, December 1st, 2021 ; Time: 10:00am ; Location: Dirksen Senate Office Building Room 226 ; Presiding: ...
  26. [26]
    Vidal tackles Senate questions on Section 101, Fintiv and SEPs
    Dec 2, 2021 · Kathi Vidal faced a bombardment of questions from members of the Senate Judiciary Committee yesterday as part of her nomination hearing for ...
  27. [27]
    Vidal Agrees Eligibility Needs More Clarity in Senate Judiciary ...
    Dec 1, 2021 · Senator Chuck Grassley (R-IA) began the questioning of Vidal by asking her what she sees as the biggest issues with the current patent system, ...
  28. [28]
    Biden's PTO pick calls for clarity on patent-eligibility controversy
    Dec 1, 2021 · Vidal noted her experience on "both sides" of PTAB proceedings, and said she would consult with stakeholders and look into potential reforms.
  29. [29]
    Vidal Details Views on Key Patent Issues in Written Responses to ...
    Dec 17, 2021 · Vidal Details Views on Key Patent Issues in Written Responses to Senate Committee. December 17, 2021. Earlier this month, the US Senate ...
  30. [30]
    Senate Judiciary Confirms PTO Nominee Kathi Vidal by Wide Margin
    Jan 13, 2022 · Katherine Vidal testifies before the Senate Judiciary Committee during her confirmation hearing to be under secretary of commerce for ...
  31. [31]
    Senate Judiciary Committee Sends Vidal and Stark Nominations to ...
    Jan 13, 2022 · The hearing was originally scheduled to take place last week, but was postponed to allow members of the committee to attend the funeral of ...
  32. [32]
    Tillis to Support Kathi Vidal's Nomination for Director of the U.S. ...
    Jan 5, 2022 · WASHINGTON, D.C. – Today, U.S. Senator Thom Tillis (R-NC) announced he will support the nomination of Kathi Vidal to be Director of the U.S. ...
  33. [33]
    Nomination of Katherine Vidal for Department of Commerce, 117th ...
    Confirmed by the Senate by Voice Vote. 04/05/2022, Considered by Senate. 01/13/2022, Placed on Senate Executive Calendar. Calendar No ...
  34. [34]
    United States Patent and Trademark Office releases 2022-2026 ...
    Jun 7, 2023 · ... USPTO Director Kathi Vidal. “Our 2022-2026 Strategic Plan is our path forward for continued success – we thank everyone who provided ...Missing: reforms improvements
  35. [35]
    Working together to tackle patent and trademark pendency - USPTO
    Jul 11, 2024 · While our approach to reducing pendency differs in Patents and Trademarks, our efforts to inject new thinking and strategic vision are the same.Missing: reforms | Show results with:reforms
  36. [36]
    Improving the USPTO's digital space
    Apr 21, 2023 · The USPTO is reforming the Electronic Trademark Assignment System (ETAS) and Electronic Patent Assignment System (EPAS) into one cohesive and ...
  37. [37]
    Quality U.S. patents drive our economy and solve world problems
    Dec 9, 2024 · Quality U.S. patents drive our economy and solve world problems ... USPTO Director Kathi Vidal (on the left) and Deputy Director Derrick Brent (on.
  38. [38]
    Inventorship Guidance for AI-Assisted Inventions - Federal Register
    Feb 13, 2024 · DATES: Applicability Date: The inventorship guidance for AI-assisted inventions is effective on February 13, 2024. This guidance applies to all ...Missing: Kathi | Show results with:Kathi
  39. [39]
    USPTO issues inventorship guidance and examples for AI-assisted ...
    Feb 12, 2024 · The guidance provides instructions to examiners and stakeholders on how to determine whether the human contribution to an innovation is significant enough to ...Missing: date | Show results with:date
  40. [40]
    Director Vidal provides clarity to Patent Trial and Appeal Board ...
    Jun 22, 2022 · Kathi Vidal, released a memorandum on the “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation”
  41. [41]
    USPTO issues final rule on the Director Review process
    Sep 30, 2024 · On April 16, 2024, we issued a Notice of Proposed Rulemaking seeking public input on proposed rules for Director Review of decisions in PTAB ...
  42. [42]
    Rules Governing Director Review of Patent Trial and Appeal Board ...
    Oct 1, 2024 · The final rule addresses the impact of Director Review on the underlying proceeding at the PTAB, as well as the time by which an appeal to the ...
  43. [43]
    Providing clear guidance on patent subject matter eligibility - USPTO
    Jul 25, 2022 · In April 2020, we released a report on patent examination outcomes titled “Adjusting to Alice. ... USPTO Director Kathi Vidal (on the left) and ...
  44. [44]
    USPTO issues AI subject matter eligibility guidance
    Jul 16, 2024 · The guidance update, which goes into effect on July 17, 2024, provides a background on the USPTO's efforts related to AI and subject matter ...Missing: date | Show results with:date
  45. [45]
    2024 Guidance Update on Patent Subject Matter Eligibility, Including ...
    Jul 17, 2024 · This guidance update will assist USPTO personnel and stakeholders in evaluating the subject matter eligibility of claims in patent applications and patents ...Missing: Kathi | Show results with:Kathi
  46. [46]
    Vidal's Latest Director Review Decisions Fail to Simplify the ...
    Mar 9, 2023 · There, a district court found the patent invalid under Section 101 and, since the patent had already been found invalid, the PTAB panel denied ...
  47. [47]
    [PDF] PTAB Director Review Under Vidal: The First 6 Months
    Sep 22, 2022 · Kathi Vidal has initiated director review on nine occasions, and also issued ... scope of IPRs and that district courts' Section 101 decisions are ...
  48. [48]
    USPTO Director: Invalidity Judgment by District Court Does Not ...
    Jun 5, 2023 · In a sua sponte review, USPTO Director Kathy Vidal continued her refinement of the PTAB's “discretionary denial” practice.Missing: Kathi | Show results with:Kathi
  49. [49]
    Breaking: USPTO releases Section 101 report | Managing ...
    Kathi Vidal. The patent office report found that stakeholders were still divided over subject matter eligibility but broadly wanted clarity. The USPTO ...
  50. [50]
    USPTO issues final rule regarding process for Director Review
    Nov 21, 2024 · USPTO Director Kathi Vidal recently issued a new final rule establishing the process for Director Review of some Patent Trial and Appeal Board (PTAB) decisions.
  51. [51]
    [PDF] Inventorship guidance for AI-assisted inventions | USPTO
    Mar 5, 2024 · For AI-assisted inventions, focus is on human contributions, specifically significant contributions by natural persons meeting Pannu factors.  ...
  52. [52]
    AI and inventorship guidance: Incentivizing human ingenuity and ...
    Feb 12, 2024 · The guidance instructs examiners on how to determine the correct inventor(s) to be named in a patent or patent application for inventions ...
  53. [53]
    Director Review Codified as Director Vidal Steps Down—What is ...
    Jan 30, 2025 · The following provides an overview of the origin of Director Review, the process as it has been codified, and a recap of the statistics under Director Vidal's ...
  54. [54]
    USPTO issues final rule on the Director Review process
    Sep 30, 2024 · The USPTO announced a final rule governing the process for Director Review of proceedings under the Leahy-Smith America Invents Act (AIA).Missing: reforms | Show results with:reforms
  55. [55]
    Recapping a Busy Summer for Director Review - Fish & Richardson
    Oct 15, 2024 · USPTO Director Kathi Vidal had a busy end to her summer, issuing six Director Review decisions between July 10 and August 22.
  56. [56]
    USPTO extends Director Review (DR) option to institution decisions ...
    Jul 24, 2023 · Beginning July 24, 2023, the USPTO has updated procedures for the interim Director Review (DR) of Patent Trial and Appeal Board (PTAB) ...Missing: interventions | Show results with:interventions<|separator|>
  57. [57]
    USPTO director's decision highlights consequences of evidence ...
    Sep 19, 2024 · Director Vidal determined that Longhorn's misconduct stemmed from intentionally misleading the PTAB through its third-party testing to keep unfavorable results ...Missing: 101 | Show results with:101
  58. [58]
    Director Kathi Vidal provides clarity to Patent Trial and Appeal Board ...
    Jun 22, 2022 · Director Kathi Vidal provides clarity to Patent Trial and Appeal Board practice on discretionary denials of patent challenges based on parallel ...
  59. [59]
    Director Vidal's Impact On the PTAB: Big Changes and ... - Law.com
    Dec 22, 2023 · Perhaps the largest impact that Director Vidal has had upon the PTAB is has been via Director Reviews. The U.S. Supreme Court mandated Director ...Missing: interventions | Show results with:interventions
  60. [60]
    New guidance on PTAB and TTAB paneling procedures - USPTO
    Sep 22, 2023 · Track Patent Trial and Appeal Board cases and decisions. Search ... Kathi Vidal has issued new guidance on Patent Trial and Appeal Board ...
  61. [61]
    The way Kathi Vidal is using director review makes a lot of sense ...
    Nov 25, 2022 · The way Kathi Vidal is using director review makes a lot of sense, says former top PTAB judge. Media Mention November 25, 2022. IAM Media.Missing: interventions | Show results with:interventions
  62. [62]
    https://insideglobaltech.com/2023/01/17/director-kathi-vidal-charged-into-her-new-director-role-last-year/
  63. [63]
    USPTO director 'strongly admonishes' patent owner in $2.2 billion ...
    Jun 28, 2023 · Kathi Vidal said VLSI mischaracterized board decisions to support arguments; Admonishment meant to deter future misconduct, Vidal said. June ...
  64. [64]
    CAFC Says Vidal Recusal as Petitioner's Counsel Avoided Due ...
    Aug 11, 2024 · The PTAB's IPR rulings noted that Vidal had recused herself from the proceedings, and requests for Director review filed by Unification ...
  65. [65]
    USPTO Locks in Director Review Rule, 3 Years After Arthrex
    Sep 30, 2024 · On September 30, U.S. Patent and Trademark Office Director Kathi Vidal issued a final rule to solidify the process for director reviews of some ...
  66. [66]
    USPTO Rescinds Vidal's 2022 Guidance on PTAB Discretionary ...
    Mar 11, 2025 · The US Patent and Trademark Office (USPTO) rescinded former Director Kathi Vidal's 2022 memorandum on discretionary denials in Patent Trial and Appeal Board ( ...
  67. [67]
    https://www.uspto.gov/web/offices/pac/mpep/s2106.html
  68. [68]
    Federal Circuit Delivers Major Reversal on "Software Per Se ...
    Sep 9, 2025 · The Board affirmed both of those rejections, but the Federal Circuit has now reversed on § 112(b) and vacated and remanded on § 101, ordering ...
  69. [69]
    How District Courts Are Approaching Alice's Failure to Define ...
    Apr 1, 2025 · The 2014 Alice decision held that claims may be patent-ineligible as claiming “abstract ideas” based on a two-step inquiry. Alice Corp. v. CLS ...Missing: interventions | Show results with:interventions
  70. [70]
    Vidal says OpenSky abused IPR process in billion-dollar case
    Oct 4, 2022 · In her director review decision, Vidal said OpenSky violated the process by attempting to extract payment from patent owner VLSI and joint ...Missing: allegations | Show results with:allegations
  71. [71]
    Director Vidal issues decisions on Director review in two cases ...
    Dec 22, 2022 · Director Vidal issues decisions on Director review in two cases involving abuse of the inter partes review process | USPTO.Missing: controversies | Show results with:controversies
  72. [72]
    OpenSky Brief Raises Several APA, Constitutional Challenges to ...
    Feb 10, 2025 · On appeal to the Federal Circuit, OpenSky argues that Director Vidal's sanctions exceed agency authority and should be set aside because ...Missing: eligibility | Show results with:eligibility
  73. [73]
    Acting Director Stewart Blunts Impact of Sanctions in Reversing ...
    Jun 25, 2025 · Acting Director Stewart Blunts Impact of Sanctions in Reversing Former Director Vidal's Cancellation of All Claims of Sanctioned Party's Patent.Missing: criticism | Show results with:criticism
  74. [74]
    Acting Director Stewart Revises Vidal Era Sanction Decision
    Jun 26, 2025 · This is a reversal of former Director Kathi Vidal's position that these sanctions were appropriate in response to a Patent Owner's misconduct.
  75. [75]
    Patent Office Director Finds Petitioners Abused IPR Process
    Dec 26, 2022 · The USPTO's Director, Kathi Vidal, recently issued two decisions involving abuse of the IPR process.Missing: allegations discretion
  76. [76]
    US Patent Office head Kathi Vidal announces resignation ahead of ...
    Nov 12, 2024 · She had more power than previous USPTO directors to influence determinations on patent validity following a 2021 Supreme Court decision that ...
  77. [77]
    https://www.calawyers.org/intellectual-property-law/kathi-vidal-departs-uspto-for-private-practice/
  78. [78]
    USPTO Director Vidal Announces December Departure - Patently-O
    Nov 12, 2024 · USPTO Director Kathi Vidal has announced her departure from the agency, effective in December 2024. Deputy Director Derrick Brent will serve as Acting Director.Missing: opposition | Show results with:opposition
  79. [79]
    PTAB/USPTO Update - February 2025 - WilmerHale
    Feb 4, 2025 · ... Kathi Vidal resigned and returned to private practice. Ms. Stewart can remain as Acting Director for 300 days (5 U.S.C. Sec. 3349a), so it ...
  80. [80]
    Kathi Vidal Departs USPTO for Private Practice - California Lawyers ...
    Dec 16, 2024 · Outgoing US Patent and Trademark Office director Kathi Vidal said that she will rejoin her former law firm Winston & Strawn on December 16, 2024 after leaving ...<|control11|><|separator|>
  81. [81]
    Kathi Vidal Discusses her Return to Winston & Strawn after Serving ...
    Jan 17, 2025 · Winston & Strawn partner Kathi Vidal was featured in a Bloomberg Law article discussing her return to the firm after serving as Director of the US Patent & ...
  82. [82]
    U.S. Patent and Trademark Office Director Kathi Vidal to Step Down
    Nov 13, 2024 · U.S. Patent and Trademark Office Director Kathi Vidal announced her departure from the agency to return to the private sector, a move ...<|control11|><|separator|>
  83. [83]
    USPTO Director Announces Resignation - Patent Docs
    Nov 13, 2024 · As has been expected, the Director of the U.S. Patent and Trademark Office, the Honorable Kathi Vidal, has announced her resignation. Deputy ...
  84. [84]
    USPTO director Kathi Vidal to rejoin Winston & Strawn - Managing IP
    Nov 19, 2024 · Vidal announced last week that she was leaving the USPTO in mid-December. She will rejoin the firm on December 16. In a statement, Vidal said ...Missing: sector | Show results with:sector
  85. [85]
    'A nerd at heart': USPTO chief Vidal looks ahead - Managing IP
    Nov 21, 2024 · Speaking to Managing IP, Kathi Vidal says she's looking forward to helping clients shape policy when she returns to Winston & Strawn.
  86. [86]
    Ex-USPTO Director Vidal Joins Fed. Circ. Advisory Council - Law360
    Oct 3, 2025 · The Federal Circuit's advisory council has brought on a former U.S. Patent and Trademark Office director and a Latham & Watkins LLP partner ...
  87. [87]
    PTAB/USPTO Update - January 2025 - WilmerHale
    Jan 10, 2025 · After stepping down as Director of the USPTO in mid-December, Kathi Vidal rejoined the litigation department at Winston & Strawn LLP.Missing: roles | Show results with:roles