McKool Smith principal Nick Matich’s commentary was included in IPWatchdog’s article “Industry Reacts to Kathi Vidal Nomination.” Following the announcement of Kathi Vidal as President Joe Biden’s nominee to head the U.S. Patent and Trademark Office (USPTO), the media interviewed IP professionals for their comments. Nick said, “The America Invents Act moved a lot of power from the courts to the USPTO, power that, after Arthrex, now rests primarily in the hands of the Director. This makes the President’s nomination for USPTO director more consequential than it might have been viewed to be in the past. Ms. Vidal will undoubtedly face a lot of questioning from the Judiciary Committee during her confirmation process and how she answers may hold clues for what direction she intends on taking the USPTO in the future. How does she intend on exercising the Director’s new Arthrex review authority? What changes (if any) would she like to see at the PTAB? What does she think about the state of subject matter eligibility? All questions that are likely to come up in her hearing.” Read the article here.


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