On October 26, 2021, President Biden nominated Kathi Vidal
– the managing partner of Winston and Strawn's Silicon
Valley office – as Director of the United States Patent and
Trademark Office (USPTO). Ms. Vidal is considered to be
highly qualified for the position. She is nationally
recognized as a leading IP litigator with an electrical engineering
background and extensive experience representing patentees and
patent challengers alike before the PTAB and in federal
courts. If confirmed by the Senate, Ms. Vidal will fill the
vacancy left by former Director Iancu in January 2021, and as
Director she will assume the authority to review PTAB rulings
pursuant to the Supreme Court's decision in U.S. v.
Arthrex, Inc. To date, comments from the Senate
Judiciary intellectual property subcommittee regarding Ms.
Vidal's nomination have been mixed. For example,
Senator Leahy (D-Vt.) congratulated Ms. Vidal and looks forward to
discussing her goals for the agency, while