By Dani Kass (December 15, 2021, 4:45 p.m. EST) – US Patent and Trademark Office director candidate Kathi Vidal asked if she supports a controversial policy regarding judicial discretion in patent challenges when providing lengthy responses to senators overseeing its confirmation process.

In written responses to a handful of members of the Senate Judiciary Committee, Vidal, a litigator at Winston & Strawn LLP, pledged to consider whether judges on the Patent Trial and Appeal Board should be able to deny likely meritorious challenges based on factors such as the timing of ongoing co-litigation – a controversial policy that received a flood of comments when the agency asked for comment on …

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