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.
