Tiffany P. Cunningham
How Judge Cunningham rules, drawn from 30 signed orders. Every observation links to the order it came from.
How Judge Cunningham decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For analogous-art arguments in an obviousness challenge, compares the asserted reference to the challenged patent rather than to a different prior-art reference.
“Because Mylan argued that de Gennes is analogous to another prior art reference and not the challenged patent, Mylan did not meet its burden to establish obviousness premised on de Gennes and the Board’s factual findings regarding analogousness are not supported by substantial evidence.”
At the patent-eligibility pleading stage, requires a specific proposed construction or identified factual issue rather than a generic request for claim construction or discovery.
“A patentee must do more than invoke a generic need for claim construction or discovery to avoid grant of a motion to dismiss under § 101.”
Requires a trade-secret claimant to identify asserted secrets with enough particularity before trial, rejecting efforts to add narrowing detail through testimony and argument.
“We reject Coda’s attempt to belatedly introduce additional specificity into the trade secret based on Mr. Hrabal’s trial testimony and attorney argument.”
Procedural preferences
Requires the patent tribunal to address highly material, unrebutted evidence rather than leaving the reviewing court to infer why it was disregarded.
“CQV raised highly material and unrebutted evidence that Sample C would have been made available to the public within a few weeks of being placed into quality control, which the Board discarded without explanation.”
In her Range of Motion concurrence, Cunningham treated design-patent claim construction—including functionality-related subsidiary findings—as a judicial task that defines claim scope before the jury decides infringement.
“Furthermore, district courts should continue to decide claim construction and to define claim scope, including subsidiary factual determinations involving functionality.”
Cautions
Even when rejecting a recusal challenge, will vacate a patent ruling if the tribunal fails to adequately consider evidence that a competitor copied the claimed technology.
“While we see no reversible error in the Board’s recusal analysis, we vacate the Board’s final written decision for failure to adequately consider evidence of copying and remand for further proceedings.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“we reverse the decision of the Court of Federal Claims and remand for further proceedings consistent with this opinion.”
“As explained below, we reverse and remand for further proceedings.”
“For the foregoing reasons, we affirm the decision of the Court of Federal Claims.”
“For the foregoing reasons, we affirm the Board's final decision.”
“For the reasons discussed above, we affirm the district court's judgment.”
“For the above reasons, we vacate the Claims Court's judgment and remand for further proceedings consistent with this opinion.”
“we vacate the district court's judgment of invalidity based on collateral estoppel as to the claims of the '844, '780, and '494 patents; we affirm the district court's grant of summary judgment of noninfringement as to the asserted claims of the Downloadable Patents and the ARB Patent; and we affirm the district court's decision to exclude Finjan's expert apportionment analysis and the related damages opinions.”
“we reverse the grants of the government's motions for partial summary judgment and denials of Appellants' motions for partial summary judgment with respect to the twenty-eight parcels at issue and remand to the Court of Federal Claims for further proceedings consistent with this opinion.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a trial caseload; not enumerated.
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