Tiffany Patrice Cunningham

Tiffany Patrice Cunningham (born May 27, 1976) is a United States circuit judge serving on the Court of Appeals for the Federal Circuit. Appointed by President Joseph R. Biden and confirmed to the bench in 2021, she became the first African‑American jurist to sit on that court. Her professional background combines technical training in chemical engineering with extensive experience in patent litigation, both in private practice and as a federal appellate clerk, before assuming her current judicial responsibilities.

Early life and legal career

Cunningham’s formative years were spent in Michigan, where she attended the Roeper School in Bloomfield Hills. She pursued an undergraduate education in the sciences at the Massachusetts Institute of Technology, earning a Bachelor of Science degree in chemical engineering in 1998. Following her technical studies, she entered Harvard Law School and received her Juris Doctor in 2001.

After law school, Cunningham began her legal career as a clerk for Judge Timothy B. Dyk of the United States Court of Appeals for the Federal Circuit, serving from 2001 to 2002. The clerkship provided early exposure to the specialized jurisdiction of the Federal Circuit, which includes patent law and other areas of federal statutory interpretation.

In 2002 Cunningham joined the Chicago office of Kirkland & Ellis LLP as an associate. Over the next five years she advanced within the firm’s litigation practice, attaining partnership status in 2007. She remained with Kirkland & Ellis until 2014, focusing on complex commercial and intellectual‑property matters.

Cunningham moved to Perkins Coie LLP in Chicago in 2014, where she continued her work in patent litigation as a partner. During her tenure at Perkins Coie, she served on the firm’s executive committee, a body of seventeen members responsible for governance and strategic direction. In addition to her practice responsibilities, Cunningham is registered as a patent attorney before the United States Patent and Trademark Office, reflecting her combined technical and legal expertise.

Federal appellate service

President Joe Biden announced his intent to nominate Cunningham to the United States Court of Appeals for the Federal Circuit on March 30, 2021. The nomination was formally transmitted to the Senate on April 19, 2021, designating her to fill the vacancy created when Judge Evan Wallach assumed senior status on May 31, 2021.

The Senate Judiciary Committee held a hearing on Cunningham’s nomination on May 26, 2021. Following deliberation, the committee reported her nomination favorably by a vote of 16–6 on June 17, 2021. The full Senate considered cloture on July 12, 2021, and invoked it on July 15, 2021 with a vote of 63–34. Confirmation proceeded three days later, when the Senate affirmed Cunningham’s appointment by a margin of 63–33. She received her judicial commission on August 6, 2021, and was sworn into office on September 1, 2021.

Cunningham’s elevation to the Federal Circuit marked a historic milestone: she became the first African‑American judge to serve on that court. Her appointment contributed to the broader diversification of the federal judiciary. In early 2022, following Justice Stephen Breyer’s announcement of his intention to retire from the United States Supreme Court, Cunningham was listed among individuals considered by President Biden as potential nominees for elevation to the nation’s highest court.

Since joining the Federal Circuit, Cunningham has participated in panels addressing a range of issues within the court’s specialized jurisdiction, which includes patent law, international trade, government contracts, and certain claims against the United States. Her service continues under an active status, allowing her to hear appeals, author opinions, and contribute to the development of federal appellate jurisprudence.

Jurisprudence and legacy

Judge Cunningham’s legal background in chemical engineering and patent practice informs her contributions on a court whose docket is heavily weighted toward intellectual‑property matters. While the Federal Circuit’s caseload encompasses many technical disputes, her experience as a registered patent attorney provides practical insight into the complexities of patent prosecution and enforcement.

One notable decision in which Judge Cunningham participated occurred on August 29, 2025. In the case concerning tariffs imposed by the executive branch—V.O.S. Selections, Inc. v. Trump—the panel voted to strike down those tariffs. Judge Cunningham authored a concurring opinion emphasizing that the power to levy taxes resides exclusively with Congress, underscoring a principle of separation of powers in the context of fiscal authority.

Beyond specific rulings, Cunningham’s presence on the Federal Circuit carries symbolic significance for representation within the federal judiciary. As the first African‑American judge on the court, she embodies progress toward greater inclusivity and serves as a reference point for future appointments seeking to reflect the nation’s diversity. Her career trajectory—from technical education through high‑profile private practice and into the appellate bench—illustrates a pathway that integrates scientific expertise with legal acumen.

Cunningham’s involvement in the executive committee of Perkins Coie and her prior clerkship on the same circuit suggest an ongoing engagement with both the administrative aspects of legal institutions and the substantive development of case law. While the Federal Circuit’s decisions often have nationwide impact, particularly in shaping patent policy and influencing innovation ecosystems, Judge Cunningham’s contributions are part of a collective judicial effort to interpret statutes and precedents consistently.

In summary, Tiffany Patrice Cunningham’s professional journey reflects a blend of technical scholarship, high‑level litigation experience, and federal appellate service. Her appointment by President Biden, confirmation by the Senate, and historic status as the first African‑American judge on the Federal Circuit constitute key elements of her public record. Through participation in significant cases such as V.O.S. Selections, Inc. v. Trump and ongoing adjudication within the court’s specialized jurisdiction, she continues to shape federal appellate jurisprudence while representing an important step toward a more diverse judiciary.