Kathi Vidal

Partner, Silicon Valley & Chicago Silicon Valley Managing Partner at Winston & Strawn LLP

Kathi Vidal

Kathi Vidal

Partner, Silicon Valley & Chicago Silicon Valley Managing Partner at Winston & Strawn LLP

Biography

Kathi Vidal is a nationally-recognized IP litigator and Federal Circuit strategist. In addition to protecting innovative companies through offensive patent actions to preserve their market or through innovative strategies to efficiently resolve defensive patent actions, including in U.S. district courts, the International Trade Commission, and at the U.S. Patent and Trademark Office, Kathi advises clients ranging from Fortune 100 companies to start-ups on their portfolios, patent prosecution, inter partes review, covered business methods, trade secrets, trademarks, and other intellectual property matters. Kathi has obtained numerous wins including a preliminary injunction, permanent injunctions, exclusion orders, a contempt finding, attorney fee awards, patent invalidations and treble damages.

Building on her Federal Circuit clerkship and her long-term involvement with the Federal Circuit Bar Association for which Kathi now serves as a Fellow, Kathi has led or been called in as a strategist on dozens of Federal Circuit appeals, has argued numerous Federal Circuit appeals and has teamed with former Federal Circuit judges and other national Federal Circuit specialists to mock appeals both inside and outside the firm. Most recently, Kathi argued and won the seminal SAP v. InvestPic Federal Circuit appeal on patent eligibility and argued and won the follow-on attorney fee Federal Circuit appeal reinforcing the award of attorney fees under Octane Fitness in cases brought on weak patents. Kathi has also led amicus efforts on important cases before the Federal Circuit and Supreme Court. Kathi also advises on IP policies for standard setting organizations, patent prosecution/portfolio development strategy, and on strategies for worldwide patent disputes including advising on national security, policy, and related issues.

Kathi started her career as an electrical engineer. She worked for five years as a systems and software design engineer with General Electric, where she graduated from the prestigious Edison Engineering Program and designed one of the first leading-edge artificial intelligence systems (neural networks, fuzzy logic) for aircraft. Through the rotational management program, she designed aircraft control systems, which are currently employed on military aircraft. Kathi also led design teams in a number of departments (software design, systems design, hardware design, research & development, manufacturing), which gave her broad exposure to industry and technologies. Kathi was a member of the IEEE (Institute of Electrical and Electronics Engineers) and won its North East Regional Design Contest when she was in school (designing a “smart” basketball system).

Kathi can read and fully understand source code, schematics, and technical materials and explains concepts clearly to courts and juries. Her technical background includes a solid background in mathematical physics and programming, combined with a bachelors and masters in electrical engineering. Kathi's master thesis was in the field of artificial intelligence (AI).

Prior to joining Winston, Kathi led the litigation group—270 attorneys in 11 global offices—at another Am Law 100 firm.

Experience

Kathi has first-chaired, led, and consulted in numerous litigations in multiple venues, including the United States Supreme Court, the Court of Appeals for the Federal Circuit, the 9th Circuit Court of Appeals, the United States International Trade Commission (ITC), the United States Patent and Trademark Office (PTO), Federal District Courts in California (NDCA, CDCA, SDCA, EDCA), Texas (EDTX, NDTX and WDTX), Delaware, Illinois (NDIL), Washington, Wisconsin (WDWI), Arizona, Florida, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York (NDNY and SDNY), Maryland, as well as international matters in China, Germany, and Korea. She also represented numerous parties before the Multi-District Litigation (MDL) Panel.

She represents and has represented numerous high-tech companies, including Applied Materials, Arris, Bauer Hockey, Chamberlain, Cisco, Cloudera, Corning, Cypress Semiconductor, Dell, Deloitte, eBay, Forescout, Federal Express, Harman, Hint Water, Hewlett Packard, Hortonworks, Intel, Intuitive Surgical, Johnson Controls, Kistler Vineyards, Legrand, LSI Logic, Luminaid, Maxim, Micron, Microsoft, Mindbody, NVIDIA, Obsidian, Olympus, Palm, Poshmark, PayPal, Pinterest, Polycom, Proofpoint, Pivotal, Red Hat, Schonbek, SAP, Scientific Atlanta, SHEEX, Snap, Snowflake, Splunk, Spotify, Sun, Tanium, Thomson, Tesla, T-Mobile, Uber, Varian, VMware, Xilinx, and Zeiss.

Kathi has argued, led, and/or been called in as a strategist on dozens of Federal Circuit appeals.

Some of the experience represented here may have been handled at a previous firm.

Honors & Awards

Kathi has received numerous accolades for her work, including being listed in the 2017-2020 editions of The Best Lawyers in America© named to the Who’s Who Legal list for Patents in 2016; named to the IAM Patent 1000: The World’s Leading Patent Professionals list in 2016-2019; inducted as a 2012 Fellow by Litigation Counsel of America, a trial lawyer honorary society that represents the top less than one half of one percent of American litigators; named by The Recorder as one of 2012’s Women Leaders in Law and a 2019 California Trailblazer; being listed in Chambers USA for her leadership in her practice area since 2012; recognized as a Northern California Super Lawyer since 2009; listed as one of California’s Top 100 Lawyers of 2008 by the Daily Journal; and listed on the Daily Journal’s list of 50 Leading Intellectual Property Litigators in California (2008) and its list of the 75 Leading Intellectual Property Litigators in California (2009 & 2010). Kathi was recently named as one of Benchmark Litigation's Top 250 Women in Litigation (2018 and 2019) and a California Litigation Star (2019 and 2020), and was honored by San Francisco Magazine as one of its Top Women Attorneys of Northern California for 2014 and 2019.

Kathi was also recognized by the Daily Journal in 2007, 2008, and 2009 as one of the Top Women Litigators in the State of California; won the 2007 Women of Distinction Award in the “Law” category, presented by the Silicon Valley/San Jose Business Journal; was distinguished as one of the “Forty under Forty People to Watch” in Silicon Valley by the Silicon Valley/San Jose Business Journal; was recognized by the Journal as a Woman of Influence in Silicon Valley (2008); was recognized by the San Francisco Business Times as one of the Most Influential Women in the Bay Area (2008); and since 2008 has been named “Forever Influential.” Kathi was also one of five 2008 Legal Momentum Women of Achievement Honorees and was ranked in the Chambers 2008 Guide for America’s Leading Lawyers for Business as a Leader in Intellectual Property.

Activities

* Board Member: Berkeley Center for Law & Technology Advisory Board (2015-Present). Board Member: ChIPs Advisory Board (2015-Present). Board Member: Women in Law Empowerment Forum (WILEF) (2014-Present).
* Adjunct Professor of Patent Law, Santa Clara University School of Law (2002).
* Fellow: Litigation Counsel of America. Fellow: Federal Circuit Bar Association.
* Former Board Member: Intellectual Property Owners' ("IPO") Litigation Committee, American Intellectual Property Law Association (AIPLA), Federal Circuit Bar Association (2008-2011).
* Masters thesis: "Application of Fuzzy Logic to Fault Diagnostics."
* Served as a member of the Northern District of California Patent Instructions and Rules Committee from 2012-2016.
* Four years ago, Kathi joined the Fortune/US State Department Global Women's Mentoring Partnership. Her incredible experience with one of her mentees was published in the Watson Review by Binghamton University, her alma mater. “A foremost objective of the global women’s program is to ‘pay forward’ or to encourage the women to empo

Overview
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Winston & Strawn LLP

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Co-Executive Chairman at Winston & Strawn LLP

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Partner, Chicago Chicago Managing Partner & Chair of Appellate & Critical Motions Practice at Winston & Strawn LLP

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Partner, Paris Paris Office Managing Partner at Winston & Strawn LLP

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Partner, San Francisco San Francisco Office Managing Partner at Winston & Strawn LLP

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Partner, London & Brussels London Office Managing Partner at Winston & Strawn LLP

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Managing Partner at Winston & Strawn LLP

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Chair, Complex Commercial Litigation Practice at Winston & Strawn LLP

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Global Co-Chair, Litigation at Winston & Strawn LLP

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Kathi Vidal
Partner, Silicon Valley & Chicago Silicon Valley Managing Partner at Winston & Strawn LLP
Education
J.D.
Class of 1996

The University of Pennsylvania Law School, located in Philadelphia, Pennsylvania, is the law school of the University of Pennsylvania. A member of the Ivy League, it is among the oldest and most selective law schools in the nation. It is currently ranked 7th overall by U.S. News & World Report, and 1st in terms of career prospects by the Princeton Review, a rank awarded also by the National Law Journal based on placement of graduates in top law firms.It offers the degrees of Juris Doctor (J.D.), Master of Laws (LL.M.), Master of Comparative Laws (LL.C.M.), and Doctor of the Science of Law (S.J.D.).

JD Law
Class of 1997

The University of Pennsylvania (commonly referred to as Penn or UPenn) is a private, Ivy League university, located in Philadelphia, Pennsylvania, United States. Penn considers itself the fourth-oldest institution of higher education in the United States, as well as the first university in the United States with both undergraduate and graduate studies.

M.S. in Electrical Engineering
Class of 1992

Syracuse University, commonly referred to as Syracuse, 'Cuse, or SU, is a private research university located in Syracuse, New York. The institution's roots can be traced to the Genesee Wesleyan Seminary (later becoming Genesee College), founded by the Methodist Episcopal Church in Lima, New York, in 1831. Following several years of debate over relocating the college to Syracuse, the university was established in 1870, independent of the college. Since 1920, the university has identified itself as nonsectarian, although it maintains a relationship with The United Methodist Church. The campus is located in the University Hill neighborhood of Syracuse, east and southeast of downtown, on one of the larger hills. Its large campus features an eclectic mix of buildings, ranging from nineteenth-century Romanesque Revival structures to contemporary buildings. SU is organized into 13 schools and colleges, with nationally recognized programs in information studies and library science, architecture, communications, business administration, sport management, public administration, engineering and the College of Arts and Sciences. Syracuse University athletic teams, known as the Orange, participate in 20 intercollegiate sports. SU is a member of the Atlantic Coast Conference for all NCAA Division I athletics, except for women's ice hockey, and the rowing team. SU is also a member of the Eastern College Athletic Conference.

B.S.
Class of 1990

The State University of New York at Binghamton, also known as Binghamton University is a public research university in the U.S. state of New York. The university is one of the four university centers in the State University of New York (SUNY) system. Since its establishment in 1946, the University has grown from a small liberal arts college, Harpur College, to a large doctoral-granting institution, presently consisting of six colleges and schools, and is now home to nearly 15,000 undergraduate and graduate students. The university's main campus is located in the Town of Vestal, with a secondary education center located in the nearby downtown Binghamton. Binghamton University is currently ranked 89th among the 262 national universities ranked in the 2013 U.S. News America's Best Colleges and Universities ranking and has been called a "Public Ivy".

Memberships
Fellow
Current

Federal Circuit Bar Association is a national organization for the bar of the Court of Appeals for the Federal Circuit. Leadership of the Association comes from all areas of the country and represents all areas of the legal community of the Federal Circuit. The Association was organized to unite the different groups who practice within the legal community of the Federal Circuit. It seeks to strengthen and serve the Court through its Committees. The Association offers a forum for common concerns and dialogue between bar and court, government counsel and private practitioner, litigator, and corporate counsel. Periodically it sponsors regional seminars reviewing current practice in the Court.

Fellow
Current

The Litigation Counsel of America is an invitation- only trial lawyer honorary society established to reflect the new face of the American bar. Membership is limited to 3,500 Fellows, representing less than one-half of one percent of American lawyers. The composition of the LCA is aggressively diverse, with recognition of excellence among American litigation and trial counsel across all segments of the bar. The purpose of the LCA is to recognize deserving, experienced, and highly qualified lawyers, to provide an outlet for scholarly authorship of legal articles on trial and litigation practice, to provide additional sources for professional development, to promote superior advocacy and ethical standards in the practice of law, to assist in community involvement by its membership, and to advance a superior judiciary, by taking relevant positions on issues or legislation affecting judicial compensation and/or benefits, as well as those affecting the American litigation processes. Fellows are selected and invited into Fellowship after being evaluated on effectiveness and accomplishment in litigation and trial work, along with ethical reputation. The number of Fellowships has been kept at an exclusive limit by design, allowing qualifications, diversity and inclusion to align effectively. Fellows are generally at the partner or shareholder level or are independent practitioners with several years experience. Fellows may also include judges, professors of law, governmental attorneys and in-house counsel. Upon high recommendation by a Fellow, a limited number of Associate Fellows may be selected, generally pending qualification for Fellowship. Associate Fellows may include partners or associates from the same firm in which the Fellows practice or with any other ethically reputable firm, governmental division or company. Associate Fellows, however, are not considered part of the voting membership. Unless their practice changes from litigation or trial work or their general ethical reputation has been diminished, Fellows may hold their status as long as they desire to be affiliated with the LCA. Fellows who hold such status for seven consecutive years may be designated Senior Fellows.

Member
Prior

IEEE is the place where the next great technology breakthroughs are born - the result of the innovative work of our IEEE members and volunteers. The engineers and technical professionals that comprise IEEE aren't just dreaming about the future, they are creating it. By contributing cutting-edge research, publishing thought-provoking papers, creating critical technical standards, strengthening professional connections and attending industry-leading conferences, they play an integral part in this thriving community where new ideas are initiative, shared and explored. Through their collaboration, IEEE members and volunteers are in constant pursuit of innovation and excellence for the benefit of all people everywhere. For additional 2018 IEEE significant activities, see Part III on page 2, and IEEE 2018 Annual Report.

Career History
Partner, Silicon Valley & Chicago Silicon Valley Managing Partner
Current

Winston & Strawn LLP provides legal services. The company's practice areas include antitrust & trade regulations, employment & labor relations, intellectual property, taxation & trusts, and estates. It was founded in 1853 and is headquartered in Chicago, IL.

Adjunct Professor of Patent Law
2002

Santa Clara University School of Law will educate its students to meet the challenges of a legal profession and society that are increasingly global, technologically sophisticated, and diverse. In fulfilling this vision, the Law School will educate its students to become lawyers of competence, conscience, and compassion. The Law School will also advance knowledge and justice through scholarship and service.

Systems & Software Design Engineer
Prior

General Electric Co. engages in the provision of technology and financial services. It operates through the following segments: Power, Renewable Energy, Aviation, Healthcare, and Capital. The Power segment offers technologies, solutions, and services related to energy production, which includes gas and steam turbines, generators, and power generation services. The Renewable Energy segment provides wind turbine platforms, hardware and software, offshore wind turbines, solutions, products and services to hydropower industry, blades for onshore and offshore wind turbines, and high voltage equipment. The Aviation segment provides jet engines and turboprops for commercial airframes, maintenance, component repair, and overhaul services, as well as replacement parts, additive machines and materials, and engineering services. The Healthcare segment provides healthcare technologies in medical imaging, digital solutions, patient monitoring, and diagnostics, drug discovery, biopharmaceutical manufacturing technologies and performance enhancement solutions. The Capital segment leases and finances aircraft, aircraft engines and helicopters, and also provides financial and underwriting solutions. The company was founded by Thomas Alva Edison in 1878 and is headquartered in Boston, MA.

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