Winston & Strawn patent office nominee says eligibility law not set

Kathi Vidal, managing partner of Winston & Strawn LLP's Menlo Park office and President Joe Biden's nominee to head the U.S. Patent and Trademark Office, appeared to sail through her confirmation hearing Wednesday before the Senate Judiciary Committee.

"We can build together to build an intellectual property system that is more predictable, reliable and transparent," Vidal told the committee.

U.S. Magistrate Judge Jacqueline Scott Corley, a Biden nominee for a Northern District of California vacancy, faced no hostile questioning and appears to be in line for confirmation.

Scott is a former clerk for U.S. District Judge Charles R. Breyer and has been a magistrate judge in San Francisco since 2011. She praised her former boss and spoke of the importance of mentorship.

"I didn't appreciate how important it is to be out and speak before new attorneys," Corley said. "We're the face of the federal judiciary."

Republican senators focused their questions on other district court nominees, especially Dale Ho, the director of the American Civil Liberties Union's voting rights project, who is up for a federal judicial vacancy in New York.

U.S. Sen. Charles Grassley, R-Iowa, asked Vidal what recent changes made by her predecessor, Irell & Manella LLP partner Andrei Iancu, she might keep or change.

Vidal acknowledged the changes Iancu made in patent eligibility guidance for office examiners under Section 101 of the Patent Act.

"In terms of what happened in the prior administration, I know that there were policies set forth, including on 101, on patent eligibility. I think that's an area that's always deserving of attention because the law is not set," she said.

Vidal said patent office guidelines are now consistent with federal law, adding, "I want to make sure they are promoting innovation."

U.S. Sen. Thom Tillis, R-N.C., wanted assurances Vidal would maintain Iancu's policies that ensure Patent Trial and Appeal Board review is no longer a "death squad" for patent holders.

Vidal did not directly answer that question but said she looked forward to working with him.

She also emphasized her background as an experienced patent attorney, a leader at Winston & Strawn and previously at Fish & Richardson PC as well as her background as an electrical engineer for General Electric Co.

California's two Democratic senators, Dianne Feinstein and Alex Padilla, introduced the nominees and endorsed both of them.

"A technical background, particularly in this area of constant innovation as it pertains to patents and trademarks, is particularly timely," Padilla said of Vidal.

If confirmed, Vidal would be the third consecutive Californian to head the patent office.

Corley, if confirmed, would fill the seat of U.S. District Judge William Alsup of San Francisco, who announced he was taking senior status earlier this year.

Given her bench experience, Corley would be able to "hit the ground running," Feinstein said.

Grassley spoke favorably of both California nominees, citing their experience.