Kathi Vidal
Partner
Admitted to practice only in U.S. Patent & Trademark Office, Arizona and California
Kathi 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. Kathi recently returned to Winston & Strawn’s Washington, DC and Silicon Valley offices and is a member of the firm’s Executive Committee.
Key Matters
Kathi has first-chaired, led, and consulted on litigations across a wide array of venues, including the U.S. Supreme Court; the Court of Appeals for the Federal Circuit; the Ninth Circuit Court of Appeals; the ITC; the USPTO; and federal district courts in California (all), Texas (E.D. Tex., N.D. Tex., and W.D. Tex., including Waco), Delaware, Illinois (N.D. Ill.), Washington, Wisconsin (W.D. Wis.), Arizona, Florida, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York (N.D.N.Y. and S.D.N.Y.), and Maryland. Her experience also includes international matters in China, Germany, and Korea and patent prosecution before the USPTO. In addition, Kathi has represented numerous parties before the Multi-District Litigation (MDL) Panel.
Select examples of Kathi’s experience include:
Chamberlain v. Techtronic Industries
Secured a complete jury trial victory in 2017 for Chamberlain Group, in which the court found that competitors Ryobi and Techtronic Industries willfully infringed two of Chamberlain’s patents. The Northern District of Illinois granted our request for a permanent injunction blocking the sale of Ryobi’s connected garage door openers and similar garage door openers.
Exafer Ltd. v Microsoft Corporation
Served as part of a team that represented Microsoft in the initial stages of a patent-infringement matter involving computer network management technology, in which the plaintiff sought hundreds of millions of dollars in damages. After Kathi joined the government as director of the USPTO, the remaining Winston team achieved a rare win on summary judgment of no damages, which they believe to be the first and only instance of a patent defendant achieving a complete victory via summary judgment of no damages in the Western District of Texas.
SAP v. InvestPic (Fed. Cir. 2018)
Secured a seminal § 101 win for software company SAP in a patent suit brought by InvestPic in the Northern District of Texas. The Federal Circuit affirmed the win in an oft-cited opinion and upheld an award of attorney fees.
Cambria v. Cosentino
Retained by Cambria, America’s leading manufacturer of quartz countertops and other quartz surface products, to assert five patents covering innovative technology for manufacturing quartz slabs with full-thickness veins that rival the natural beauty of quarried marble and granite. Prevailed at claim construction and in obtaining a highly expedited case schedule in the Western District of Texas, Waco Division, leading to a settlement on terms that strongly favored our client.
In the Matter of Certain Argon Plasma Coagulation System Probes, Their Components, and Other Argon Plasma Coagulation System Components for Use Therewith
Achieved a favorable settlement for our client, a global technology company, in a case involving therapeutic and diagnostic technologies where the complainant sought an exclusion order and a cease-and-desist order.
Cambria Company LLC v. Hirsch Glass Corp. dba Spectrum Quartz
Defeated the institution of three separate inter partes review petitions on behalf of Cambria in patent litigation adverse Spectrum Quartz. The Winston team was then successful in district court, winning summary judgment of infringement and validity for the asserted process claims and summary judgment of validity for all utility patents. Spectrum was forced to discontinue all accused products and processes.
Vidal is not just a leading trial lawyer, but a versatile solver of intricate business problems interwoven with interconnected patent, technology, antitrust, data, privacy and security threads.
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