Judge Cunningham was confirmed by the Senate more than a year ago. It is interesting how limited an opportunity she has been given by her colleagues to write any patent opinions. The court issues so many Rule 36 opinions that Judge Cunningham has only had a chance to author a handful of patent/trademark opinions herself. By my count, these are the only three patent/trademark “opinions” that she has authored — although this list includes some “orders” of the court relating to patent cases:
| IN RE MILLER, No. 2021-1599 (Fed. Cir. Feb. 28, 2022). HAGE-BOUTROS v. ETHIKA, INC., No. 2021-1615 (Fed. Cir. Feb. 4, 2022). |
So, we continue to play wait-and-see as to which direction Judge Cunningham will lean, if at all.