Biden's choice of Kathi Vidal to head USPTO attracts praise
2021 IPDBRF 0130
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By Patrick H.J. Hughes
WESTLAW Intellectual Property Daily Briefing
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October 28, 2021
(October 28, 2021) - President Joe Biden's decision to nominate Kathi Vidal as the next U.S. Patent and Trademark Office director means a new focus on diversity and inclusion is in the cards for the agency, attorneys predict.
The White House announced Vidal's nomination Oct. 26 in a statement that included a list of her accomplishments as a lawyer representing both plaintiffs and defendants in patent disputes in district courts, before the International Trade Commission and at the USPTO.
The briefing described her as "a recognized thought leader" and "a recognized leader in diversity and women's issues."
Christina Ondrick, a principal with McKool Smith's intellectual property group, said Vidal fits with the Biden administration's goals to improve diversity in the innovation industries.
"[Vidal] is passionate and outspoken on diversity, equity and inclusion, which will surely find its way into USPTO initiatives to grow diversity in U.S. innovation by encouraging and increasing the number of diverse patent and trademark applicants and make innovation opportunities more accessible to historically underrepresented groups," Ondrick said.
Joseph F. Hetz, co-chair of Crowell & Moring's patent prosecution practice group, also praised Vidal's experience as a "leader in diversity efforts" and added that her "balanced experience" representing both sides in patent disputes "may result in a balanced approach to policies she may implement at the USPTO."
This experience includes her current position as managing partner of Winston & Strawn LLP's Silicon Valley office, where she has been for the past several years. Before that she was at Fish & Richardson PC.
"Vidal's background and experience should give her a good perspective on how to improve operations at the USPTO," Hetz said.
He also said her views may become the focus of the confirmation process, which he said has already become a "standoff" between U.S. Sen. Patrick Leahy, D-Vt., who has asked for a director to "weed out poor-quality patents," and U.S. Sen. Thom Tillis, R-NC, who has advocated to continue the pro-patent reforms that former USPTO Director Andrei Iancu initiated.
Among his accomplishments, Iancu reformed the Patent Trial and Appeal Board in ways that reduced the number of patents it invalidated.
'Strong technical background'
The president's statement emphasized Vidal's "strong technical background," noting her education in the electrical engineering field and work for General Electric and Lockheed Martin.
Phil Harris, a patent partner at Holland & Hart LLP, described Vidal as "a seasoned litigator and previous industry engineer who will bring a different perspective, and can advance the PTO's procedural and policy adjustments based on her real-world experience of developing new technology along with applying the law to relevant technology and processes."
"This means the PTO gains a leader who has litigated and weighed both sides of the subject-matter eligibility puzzle, among other key issues, and is well positioned to adapt PTO procedure based on Supreme Court decisions," Harris said.
He also predicted that Vidal will strengthen diversity initiatives, including those for underrepresented inventor groups.
Thomas Moga, IP attorney at Dykema, found her technical experience in aeronautical electrical control systems to be particularly noteworthy.
"This deep and varied technical depth is hard to come by, and I think the USPTO will be fortunate to have her at the tiller," he said. "I believe her extensive litigation background coupled with her rich technical skill in electrical engineering and software design will prove truly valuable in guiding the USPTO through the challenges ahead."