Kathi Vidal is a nationally-recognized IP litigator. 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. Inside and outside of the courtroom, she is often called upon as an expert on case strategy and hot topics in the law.
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 expert 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.
Prior to joining Winston, Kathi led the litigation group—270 attorneys in 11 global offices—at another Am Law 100 firm.
Honors and Awards
Kathi has received numerous accolades for her work, including being listed in the 2017-2019 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, 2017, and 2018; 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; 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 was honored by San Francisco Magazine as one of its Top Women Attorneys of Northern California for 2014.
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.
- 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 empower other women in their countries upon their return.” As the Huffington Post explains in “When Powerful Women in the World Unite,” this seems like a no-brainer for Kathi, saying "How could I not be a mentor?” Kathi recently shared some of her thoughts and experiences in a short video highlighting the program, featured on the Bureau of Educational and Cultural Affairs website. See also the following Fortune articles featuring Kathi: “Career Counseling Goes Global in Silicon Valley”, “Africa's Growth Vehicle: Women”, and “On the Road in South Africa.”Kathi has mentored Susan Rammekwa from South Africa (2009), Gaelle Pierre from Haiti (2010), Manal Elattir from Morocco (2011), Anne Ewoenam from Ghana (2013) and May Alba from Mexico City (2014).
- Kathi has also joined Steve Wozniak, Marty Cooper (inventor of the cell phone), and others on the Leadership Counsel for Cinequest. Cinequest “fuses the world of the filmed arts with that of Silicon Valley’s innovation to empower youth, artists and innovators to create and connect—driving transformations and a better tomorrow. Cinequest does this through Cinequest Picture The Possibilities and Cinequest Film Festival.”
Kathi received her B.S. from Binghamton University in 1990, and her M.S. in Electrical Engineering, from Syracuse University in 1992. She received her J.D. from the University of Pennsylvania Law School in 1996, where she was editor-in-chief of the University of Pennsylvania Law Review.
Some of the experience represented below may have been handled at a previous firm.
Kathi has first-chaired, led, and consulted in numerous litigations in multiple venues, including California (NDCA, CDCA, SDCA, EDCA), Texas (EDTX, NDTX and WDTX), Delaware, Illinois (NDIL), Washington, Wisconsin (WDWI), Arizona, Florida, Massachusetts, Minnesota, New Mexico, New York (NDNY), and Maryland.
She represents and has represented numerous high-tech companies, including eBay, PayPal, SAP, Intel, VMware, NVIDIA, Sun, Cisco, Scientific Atlanta, Arris, Thomson, Johnson Controls, Palm, Micron, Cypress Semiconductor, Dell, LSI Logic, Applied Materials, Red Hat, Tesla, Microsoft, Schonbek, Zeiss, SHEEX, Obsidian, Federal Express and Bauer Hockey.
Kathi has also handled Federal Circuit appeals, including working with companies on amicus briefing before the Federal Circuit.
As one of the country’s leading patent litigation and protection lawyers, and as an advocate for women, minorities, and our next generation of lawyers, Kathi is often asked to speak on a wide range of topics. Her representative speeches and publications (which do not include the numerous talks she gives at individual client events) include:
- Kathi Vidal, “The Future of Crowdfunding,” Bloomberg Live (New York, October 30, 2018).
- Kathi Vidal, “Artificial Intelligence: The Legal Realities and Remedies,” a Winston & Strawn and Berkeley Center for Law & Technology Seminar, An Innovation Transformation: Navigating the Legal Risks and Business Opportunities of Disruptive Technologies (California, September 6, 2018).
- Kathi Vidal, “Willfulness Since Halo,” Webinar hosted by Intellectual Property Owners Association (June 26, 2018).
- Kathi Vidal, "How to Use Your Diverse Trial Team to Beat Left-Brained Lawyers at their Own Game: Winning the Technical Trial," Litigation Counsel of America's (LCA) Renaissance Symposium XIII (San Francisco, California, April 20, 2018).
- Kathi Vidal, Co-Chair, Daily Journal’s 2018 Patent Disputes Forum (Menlo Park, California April 18, 2018).
- Kathi Vidal, “Tensions Between IP Agencies and Other Parts of the Executive Branch,” UC Berkeley School of Law’s 2018 Annual BCLT/BTLJ Symposium, The Administrative Law of Intellectual Property (Berkeley, April 12, 2018).
- Kathi Vidal, “Stand Your Ground,” 4th Fortune Most Powerful Women Next Gen Summit in Laguna (Niguel, California, November 14, 2017).
- Kathi Vidal, “Current procedural issues in patent law, including patent venue, stays pending IPR, and the constitutionality of the IPR process,” Stanford Law School Patent Law in Global Perspective Conference (October 20, 2017).
- Kathi Vidal, “Federal Circuit Judges Panel” ChIPs Annual Summit (Washington, D.C., October 18, 2017).
- Kathi Vidal, Global Strategies for IP, Berkeley Center for Law and Technology (Palo Alto, California, September 14, 2017).
- Kathi Vidal and Noori Torabi, “TC Heartland and Oil States,” Silicon Valley Association of General Counsel's monthly luncheon (July 21, 2017).
- Kathi Vidal, Hon. Edward A. Infante (Ret.) (JAMS), Matthew Powers (Tensegrity Law Group LLC), Patent Mediation, 20th Annual FJC-BCLT IP Education Program for Federal Judges (Berkeley, May 17, 2017).
- Kathi Vidal, “How to Use Your Diverse Trial Team to Beat Left-Brained Lawyers at their Own Game: Winning the Technical Trial.” Litigation Counsel of America’s (LCA) Renaissance Symposium XIII (San Francisco, April 20, 2017).
- Kathi Vidal in a conversation with Keynote Speaker John Cabeca, Cal Law Patent Disputes Forum (Menlo Park, April 18, 2017).
- Kathi Vidal in a conversation with Pattie Sellers (FortuneMost Powerful Women), ChIPs (Washington D.C.).
- Kathi Vidal, Hon. Edward A. Infante (Ret.) (JAMS), Matthew Powers (Tensegrity Law Group LLC), Patent Mediation, 19th Annual FJC-BCLT IP Education Program for Federal Judges (Berkeley, May 18, 2016).
- Kathi Vidal in a conversation with Keynote Speaker Director Michelle Lee, U.S. Patent and Trademark Office, Cal Law Patent Disputes Forum (Menlo Park, April 14, 2016).
- Kathi Vidal, Hon. K. Nicole Mitchell (EDTX), Stacy Quan (Microsoft), Andrew Trask (Google Inc.), Stefani Shanberg (Wilson Sonsini Goodrich & Rosati), Empowering the Next Generation, Cal Law Patent Disputes Forum (Menlo Park, April 14, 2016).
- Kathi Vidal, Hon. William Alsup (NDCA), Noreen Krall (Apple Inc.), Elizabeth Gillen (Simpson Thacher Bartlerr LLP), The Next Generation, Federal Circuit Bar Association Patent Litigation 2016: The Courts and Patent, Trial and Appeal Board (Santa Clara, February 26, 2016).
- Kathi Vidal, Hon. Edward A. Infante (Ret.) (JAMS), Matthew Powers (Tensegrity Law Group LLC), Sarita Venkat (Apple, Inc.), Patent Mediation, 18th Annual FJC-BCLT IP Education Program for Federal Judges (Berkeley, May 20, 2015).
- Kathi Vidal and Karl Renner, APJs and the Evolving Landscape of IPRs, CBMs and PGR, Silicon Valley Association of General Counsel All Hands Meeting (Santa Clara, CA, November 7, 2014).
- Kathi Vidal, Becoming a Change Agent, WiLpower Workshop (Palo Alto, CA, October 17, 2014).
- Kathi Vidal, Hon. Leonard Davis (USDC, Eastern District of Texas); Hon. S. James Otero (USDC, Central District of California); Hon. Patricia E. Campbell-Smith (United States Court of Federal Claims), Hon. Leonard P. Stark (USDC, District of Delaware), F. Scott Kieff (Commissioner, United States International Trade Commission), Effective & Efficient Case Management: Best Practices, 16th Annual Federal Circuit Bar Association Bench & Bar Conference (Asheville, North Carolina, June 20, 2014).
- Kathi Vidal, Angela Padilla, VMware, Deana Kardel (Eos Consulting Inc.), Tammy Albarrán (Covington & Burling LLP), Mika Mayer (Morrison & Foerster LLP), Playing the Long Game: Positioning Yourself for Career Success, Women In Law Empowerment Forum (WILEF) (San Francisco, June 11, 2014).
- Kathi Vidal, Jacki Zehner (Women Moving Millions), Shauna Mei (AHAlife), Inside Women’s Power Circles That Are Changing the Face of Business, Women’s Legal Forum (New York, June 3, 2014).
- Kathi Vidal, Hon. Jeremy Fogel (USDC Northern District of California), Hon. Edward A. Infante (Ret.) (JAMS), Matthew Powers (Tensegrity Law Group LLC), Sarita Venkat (Apple, Inc.), Patent Mediation, 17th Annual FJC-BCLT IP Education Program for Federal Judges (Berkeley, May 21, 2014).
- Kathi Vidal, Penny Herscher (FirstRain), Pamela K. Fulmer (Novak, Druce, Connolly Bove & Quigg LLP), Stiletto Network: Inside Women’s Power Circles That Are Changing the Face of Business, Creating the Perfect Balance to the Old Boy Network, Women’s Legal Forum 2014 (San Francisco, February 5, 2014).
- Kathi Vidal, David S. Bloch (Winston & Strawn LLP), Brian Love (Santa Clara University), Suzanne Michel (Google, Inc.), Aaron Nathan (Tensegrity Law Group LLP), David Jones (Microsoft Corp.), Patent Reform, 2013 Berkeley Stanford Advanced Patent Law Institute (APLI) (Palo Alto, December 13, 2013).
- Kathi Vidal, Cynthia Bright (Hewlett-Packard), Christa Zado (Cisco Systems, Inc.), Preparing for the Inevitable: New Patent Reforms in Process, SVAGC All Hands annual meeting (Santa Clara, December 5, 2013).
- Kathi Vidal, Mallun Yen (RPX Corporation), Margo Smith (Marketo, Inc.), Elimination of Bias In the Legal Profession, SVAGC All Hands Annual Meeting (Santa Clara, December 4, 2013).
- Kathi Vidal, Christopher Green (Fish & Richardson LLP), Mike H. Mehta (Procopio, Cory, Hargreaves & Savitch LLP), Russell Binns (Avaya, Inc.), Dan McCurdy (Allied Security Trust), The Future of Patent Protection: Legislation and the Role of Patent Aggregators, Thomas Reuters (Santa Clara, November 5, 2013).
- Kathi Vidal,Becoming a Change Agent, WiLpower Workshop (Fish & Richardson, Redwood City, October 25, 2013).
- Kathi Vidal, Becoming a Change Agent, WiLpower Workshop (Fish & Richardson, Redwood City, October 18, 2012).
- Kathi Vidal, Hon. Kimberly Moore (Federal Circuit Judge), Hon. Kate O’Malley (Federal Circuit Judge), Hon. Sharon Prost (Federal Circuit Judge), Hon. Pauline Newman (Federal Circuit Judge), ChIPs Inaugural Women in IP National Summit, Federal Circuit Judges Panel (Washington, DC, October 10, 2012).
- Kathi Vidal, Annie Rogaski (Kilpatrick Townsend & Stockton), Erin Rand (CustomWare Asia Pacific), Catherine Valentine, (Logitech), Women and Leadership, Silicon Valley Women’s Club Launch Party (Quadros, Menlo Park, October 4, 2012).
- Kathi Vidal (panelist), Renee Lawson (Zynga, panelist), Hilary Ware (Netflix, panelist), Karen Johnson-McKewan (Orrick, Herrington & Sutcliffe, moderator), Paths to Success for Women in IP, Successful Women in IP Banner (Orrick, Herrington & Sutcliffe LLP, Menlo Park, September 12, 2012).
- Kathi Vidal, Bernard Knight (USPTO), Emily Ward (eBay), Ted Joe (Salesforce.com), Eric McAlpine (Groupon), America Invents Act: Strategic Considerations,The IP Counsel Café (Palo Alto, April 18, 2012).
Media Mention 12/20/18Kathi Vidal Weighs in on the DOJ’s SEP Injunction Speech
Briefing 12/04/18SEC KO’s Mayweather
Briefing 11/26/18SEC Pursues Two More Coin Offerings
New Development 11/13/18Winston Secures Dismissal of Expulsion Recommendation and Right for Client to Return to School
Newsletter 11/01/18Pro Bono Reporter – Fall 2018
Speaking Engagement 10/30/18Kathi Vidal Speaks at Bloomberg’s The Future of Crowdfunding
Accolade 10/19/18Winston & Strawn Recognized in 2019 Edition of Benchmark Litigation
Sponsorship 10/17/18 - 10/19/18Winston Sponsors ChIPs 7th Annual Global Summit and Next Generation Summit
New Development 09/18/18Nimalka Wickramasekera Named Co-chair of ChIPs Los Angeles Chapter
Seminar 09/06/18An Innovation Transformation: Navigating the Legal Risks and Business Opportunities of Disruptive Technologies
Accolade 08/15/18101 Winston Lawyers Listed in The Best Lawyers in America© 2019
Accolade 07/31/18Winston Attorneys & Practices Recommended in 2018 Managing Intellectual Property
Accolade 07/05/18Seven Winston Partners Named to Benchmark Litigation’s 2018 “Top 250 Women in Litigation”
Speaking Engagement 06/26/18Kathi Vidal Discusses Recent Successes in “Willfulness Since Halo” Webinar
Accolade 06/07/18Winston Recognized as a Leading Patent Firm in 2018 IAM Patent 1000 Rankings
Accolade 06/01/18Winston Lawyers Receive Honorable Mention for The American Lawyer’s “Litigator of the Week”
Accolade 05/30/18Winston & Strawn Recognized in The Legal 500 U.S. 2018
New Development 05/24/18Winston & Strawn Blocks Infringing Ryobi Garage Door Openers