Kathi Vidal
Outside Counsel - Managing Partner at Winston & Strawn
Winston
Kathi Vidal is one of the leading patent and intellectual property (IP) litigators and Federal Circuit advocates in the United States. TechCrunch recognized her as one of the “remarkable women who’ve contributed to the AI revolution,” and Forbes recognized her as one of the top 50 women in innovation. The immediate past Under Secretary of Commerce for IP and Director of the U.S. Patent and Trademark Office (USPTO), Kathi is one of the most influential people in AI and IP in the world and is a ChIPs Hall of Fame recipient. She recently returned to Winston & Strawn’s Washington, DC and Silicon Valley offices and is a member of the firm’s Executive Committee.
Kathi is internationally recognized as one of the most influential people in IP, with notable experience in AI, next-generation semiconductors, and other critical and emerging technologies; international policy; patents and copyrights; trademarks and counterfeiting; standardized technology and standard essential patent (SEP) policy; pharmaceuticals, life sciences, and health care policy; and competition law. In addition to leading and trying high-stakes and precedent-setting IP cases, Kathi also guides clients through complex issues at the intersection of technology, law, and policy, ensuring they maintain a leading edge in critical innovations.
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 operation with over 14,000 employees located across the 50 states and Puerto Rico—underpinning more than $8T in IP-intensive economic activity annually in the U.S.
She was the principal advisor to the President, his administration, and the Secretary of Commerce on IP. During her tenure, she broadened the USPTO’s mission to focus proactively across the U.S. government and internationally on impactful innovation and entrepreneurship policy to accelerate U.S. innovation, bolster U.S competitiveness, and bring innovation to impact to solve community and world problems. She also led a multi-year-long effort to improve USPTO operations, dramatically reducing trademark pendency and setting the course for similar reductions for patents all while increasing the diversity of USPTO leadership by 5% in her last year alone. Through her leadership, the USPTO had unprecedented activities and accomplishments, all of which are memorialized here.
Prior to leading the USPTO, Kathi was the Managing Partner of Winston’s Silicon Valley Office. For over two decades, she represented both plaintiffs and defendants in U.S. federal district and appellate courts, the International Trade Commission, and at the USPTO. Kathi advised clients—ranging from Fortune 10 companies to startups—on a wide range of IP matters, including participating in standard setting bodies and negotiating SEP policies, mocking Federal Circuit arguments, leading appellate teams for trials, conducting patent due diligence for transactional matters, analyzing patent portfolios, and devising strategies for worldwide patent disputes, including advising on national security, policy, and related issues. Kathi regularly prevails on behalf of her clients, including securing a market and obtaining a preliminary injunction, permanent injunctions, exclusion orders, a contempt finding, attorney fee awards, patent invalidations, and treble damages. She argued the seminal SAP v. InvestPic case on 35 U.S.C. § 101 (patent eligibility) at the Federal Circuit and set precedent by obtaining a district court decision permitting her to reopen a case to pierce the corporate veil to seek attorney fees from the lawyers and principals under 35 U.S.C. § 285.
After starting college at age 16 as a mathematical physics major, Kathi began her career at General Electric (GE) Aerospace (later Lockheed Martin) as an electrical and systems engineer. She graduated from GE’s Edison Engineering Program and designed one of the first AI systems for aircraft (writing on it for her master’s thesis), as well as aircraft and engine-control systems that continue to keep our military safe today. Before joining Winston previously, Kathi chaired the litigation group—270 attorneys across 11 global offices—at another Am Law 100 firm, leading 60% of the firm while also serving on its management committee.
Ms. Vidal received her B.S. from Binghamton University in 1990, and her M.S. in Electrical Engineering from Syracuse University in 1992. She received her J.D. from the University of Pennsylvania Law School in 1996, where she was editor-in-chief of the University of Pennsylvania Law Review.
Kathi is internationally recognized as one of the most influential people in IP, with notable experience in AI, next-generation semiconductors, and other critical and emerging technologies; international policy; patents and copyrights; trademarks and counterfeiting; standardized technology and standard essential patent (SEP) policy; pharmaceuticals, life sciences, and health care policy; and competition law. In addition to leading and trying high-stakes and precedent-setting IP cases, Kathi also guides clients through complex issues at the intersection of technology, law, and policy, ensuring they maintain a leading edge in critical innovations.
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 operation with over 14,000 employees located across the 50 states and Puerto Rico—underpinning more than $8T in IP-intensive economic activity annually in the U.S.
She was the principal advisor to the President, his administration, and the Secretary of Commerce on IP. During her tenure, she broadened the USPTO’s mission to focus proactively across the U.S. government and internationally on impactful innovation and entrepreneurship policy to accelerate U.S. innovation, bolster U.S competitiveness, and bring innovation to impact to solve community and world problems. She also led a multi-year-long effort to improve USPTO operations, dramatically reducing trademark pendency and setting the course for similar reductions for patents all while increasing the diversity of USPTO leadership by 5% in her last year alone. Through her leadership, the USPTO had unprecedented activities and accomplishments, all of which are memorialized here.
Prior to leading the USPTO, Kathi was the Managing Partner of Winston’s Silicon Valley Office. For over two decades, she represented both plaintiffs and defendants in U.S. federal district and appellate courts, the International Trade Commission, and at the USPTO. Kathi advised clients—ranging from Fortune 10 companies to startups—on a wide range of IP matters, including participating in standard setting bodies and negotiating SEP policies, mocking Federal Circuit arguments, leading appellate teams for trials, conducting patent due diligence for transactional matters, analyzing patent portfolios, and devising strategies for worldwide patent disputes, including advising on national security, policy, and related issues. Kathi regularly prevails on behalf of her clients, including securing a market and obtaining a preliminary injunction, permanent injunctions, exclusion orders, a contempt finding, attorney fee awards, patent invalidations, and treble damages. She argued the seminal SAP v. InvestPic case on 35 U.S.C. § 101 (patent eligibility) at the Federal Circuit and set precedent by obtaining a district court decision permitting her to reopen a case to pierce the corporate veil to seek attorney fees from the lawyers and principals under 35 U.S.C. § 285.
After starting college at age 16 as a mathematical physics major, Kathi began her career at General Electric (GE) Aerospace (later Lockheed Martin) as an electrical and systems engineer. She graduated from GE’s Edison Engineering Program and designed one of the first AI systems for aircraft (writing on it for her master’s thesis), as well as aircraft and engine-control systems that continue to keep our military safe today. Before joining Winston previously, Kathi chaired the litigation group—270 attorneys across 11 global offices—at another Am Law 100 firm, leading 60% of the firm while also serving on its management committee.
Ms. Vidal received her B.S. from Binghamton University in 1990, and her M.S. in Electrical Engineering from Syracuse University in 1992. She received her J.D. from the University of Pennsylvania Law School in 1996, where she was editor-in-chief of the University of Pennsylvania Law Review.