Posts Tagged: "Kathi Vidal"

In a blog post on May 24, just over a month after being sworn in, Director Kathi Vidal stated that one of her priorities is to “accelerate change and communications by adopting interim processes and procedures while [the USPTO] work[s] to finalize.”  A mere two days later, the U.S. Patent and Trademark Office (USPTO) issued one such interim process for Patent Trial and Appeal Board (PTAB) decision circulation and internal PTAB review. In addition to speed, this interim process is consistent with Director Vidal’s emphasis on transparency by ensuring that the parties to a proceeding and the public know the identity of the decision-makers. Nevertheless, as discussed further in this article, Director Vidal and PTAB Executive Management must be proactive in identifying areas for further publicly-issued guidance. Otherwise, consistency in PTAB decision-making is likely to suffer.

An understanding of tax issues is increasingly important for trademark practitioners—and a new report by the International Trademark Association (INTA) focusing on the European Union, Switzerland and the United Kingdom aims to help them achieve that. The “Report on the Taxation of Trademarks and Complementary Rights in Europe” was unveiled at the 144th INTA Annual Meeting Live+, which was held in Washington, D.C. and online from April 30 to May 3. There were more than 6,700 registrants from 130 countries.

On April 27, Senator Mazie Hirono (D-HI) and Senator Thom Tillis (R-NC), both members of the Senate Judiciary Subcommittee on Intellectual Property, wrote to Kathi Vidal, the newly confirmed Director of the United States Patent and Trademark Office (USPTO), to inquire as to why the Patent Trial and Appeal Board (PTAB) is allowing itself to become weaponized. “We write to express our concern about the Patent Trial and Appeal Board’s (PTAB’s) recent decisions to institute inter partes reviews (IPRs) in OpenSky Industries, LLC v. VLSI Technology LLC and Patent Quality Assurance, LLC v. VLSI Technology LLC,” wrote Hirono and Tillis, who would go on to point out that the “facts and circumstances” suggest that the challengers “brought the proceedings to manipulate the [USPTO] for their own financial gain.”

On Wednesday, April 13, Kathi Vidal was officially sworn in and began her role as the new Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO). Chief Judge Kimberly Moore administered the oath of office, and Vidal now assumes her position at the helm of the agency and head of its 13,000 employees. She is the second woman to be confirmed by the Senate to the position. “I am excited to join America’s innovation agency,” said Vidal, according to a USPTO press release. “This nationwide workforce of more than 13,000 employees is one of the most talented and respected the world over, and I couldn’t be more thrilled to work with them to help bring more ideas to impact, including in key technologies and through inclusive innovation and entrepreneurship.”

With Kathi Vidal now confirmed as the next Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), IPWatchdog reached out to stakeholders for their take on what she should prioritize on her first days in office. As you might imagine, the responses varied widely, from taking quick action on policy-side issues to spending some time just listening to her staff. Vidal is only the second woman to serve as a Senate-confirmed Director of the USPTO and she has been a leader on diversity initiatives. Many are looking forward to her unique perspective, particularly at a time when Congress has been calling on the USPTO to improve its representation for women and minorities in patenting.

My congratulations to Kathi Vidal of Winston & Strawn on her confirmation as the new Undersecretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO) and her new role as advisor to the President and the administration on intellectual property matters. Undersecretary Vidal’s credentials are beyond merely impressive. Her capabilities and her new position afford her an opportunity to influence intellectual property policy at a magnitude few ever experience, including a profound opportunity to enhance diversity. It is well established that diversity unlocks innovation and that innovation is critical to American competitiveness, jobs, national security, and quality of life. One of the tenets of promoting diversity is providing leaders, role models, and mentors from all reaches of the community to encourage participation from others of similar backgrounds.

The U.S. Senate confirmed Kathi Vidal as the next U.S. Patent and Trademark Office (USPTO) Director Tuesday night in a voice vote. Vidal’s confirmation comes after more than one year with no Senate-confirmed Director or Acting Director at the agency. Drew Hirshfeld has been operating under the title of “Performing the Duties and Functions of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO” since January 2021.

Incoming U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal’s answers to Senators’ written questions following her recent confirmation hearing provide reasons for hope to those concerned about the current state of the patent system. Vidal’s responses emphasize three priorities: strengthening patents and trademarks, ensuring that U.S. intellectual property is protected abroad, and expanding the reach of the patent system to underrepresented groups. This article focuses on five important issues that any new USPTO Director will need to address—and looks for clues as to how she may approach them.

Senator Thom Tillis has come out on the record in support of Kathi Vidal to be the next Director of the U.S. Patent and Trademark Office (USPTO), on the eve of a Senate Judiciary Committee vote on her confirmation. Despite recent scrutiny of her ties to big tech and Silicon Valley, Tillis in a statement today said that he was satisfied with Vidal’s responses to his “tough questions” during the confirmation hearing process and feels he has received her commitment that she will continue the reforms implemented by former USPTO Director Andrei Iancu.

In written answers to Senators’ questions for the record submitted today by Kathi Vidal, President Joe Biden’s nominee for the next U.S. Patent and Trademark Office (USPTO) Director, Vidal said that she “support[s] the principle of” former USPTO Director Andrei Iancu’s Patent Eligibility Guidance for examiners, but stopped short of wholly endorsing the present guidance or committing to keeping it in place. Instead, Vidal said she would review the guidance in light of intervening case law and comments on the USPTO’s study on the state of patent eligibility jurisprudence to determine if updates are needed.   

IPWatchdog has been told that Kathi Vidal, who is President Biden’s nominee for Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), will have her confirmation hearing on Wednesday, December 1. As of the time of publication, the Senate Judiciary Committee, to which the Vidal nomination has been referred, lists a confirmation hearing for the full Committee at 10am on December 1, but provides no additional information. It is believed Vidal will share the hearing with several nominees for federal judicial positions.

Following yesterday’s announcement of Kathi Vidal as President Joe Biden’s nominee to head the U.S. Patent and Trademark Office (USPTO), IP professionals largely expressed their congratulations and support based on her strong credentials. However, many acknowledged the hard road she has ahead of her—first before the Senate Judiciary Committee and, once confirmed, tackling the many challenges facing the USPTO. Here is what some stakeholders had to say about her nomination.

As predicted by IPWatchdog, Kathi Vidal has now been officially nominated by President Joe Biden as the next Under Secretary for Intellectual Property and Director of the U.S. Patent and Trademark Office at the Department of Commerce. Vidal is one of five nominations announced today. She would replace Drew Hirshfeld, who has been serving under the title, Performing the Duties and Functions of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO).

According to sources on the Hill, Kathi Vidal of Winston & Strawn is now high on the list of potential nominees for a new U.S. Patent and Trademark Office (USPTO Director). Several sources IPWatchdog has spoken with say the Biden Administration is openly floating her name, and she could be named as President Biden’s nominee for the USPTO post within a matter or weeks, or even days, if there is not substantial pushback.

Winston & Strawn LLP is pleased to announce that prominent technology patent litigator, Kathi Vidal, will join the firm as managing partner of its Silicon Valley office and will be proposed as a member of its firmwide Executive Committee.