Wednesday, 02 October 2013 14:04

Supreme Court Grants Cert in Three I.P. Cases

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Yesterday, the Supreme Court of the United States agreed to review three intellectual property cases. Lyle Denniston of SCOTUSblog reported that “[t]he Tuesday grants represent a strong focus on issues related to intellectual property law.” The Court granted petitions to review two patent cases and one copyright case during the upcoming term. The two patent cases both concern standards for awards of fees in patent litigation, and the copyright case pertains to the timeliness of the action.

The first of the two patent cases is Highmark Inc. v. Allcare Health Management Systems (12-1163), and relates to the appropriate standard for appellate review of a district court's decision to award fees upon a determination that the patent claims are "objectively baseless".  This case involved a claim brought by a non-practicing entity or “patent troll”. The question presented on appeal can be found here

The second of the two patent cases will be closely watched by patent litigators and companies defending patent infringement claims, since it requests the Court to relax the criteria considered in determining whether a case is "exceptional" for an award of fees under 35 U.S.C. § 285 when a Defendant prevails in a patent infringement action. The case is Octane Fitness v. Icon Health & Fitness Inc. (12-1184), and the question presented on appeal can be found here.

The third case, Petrella v. MGM (12-1315), is a copyright claim brought on behalf of an author who had written several works about the boxer Jake LaMotta, and involves the timeliness of a copyright infringement claim. The question presented on appeal can be found here.

More information regarding these cases, and others pending before the Supreme Court of the United States, can be found at SCOTUSblog ( We also invite you to attend the Federal Bar Association’s November 13 luncheon featuring Amy Howe, the Editor of SCOTUSblog. More information regarding the luncheon, and other events hosted by the FBA South Florida Chapter can be found at  

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Oliver Ruiz

Oliver A. Ruiz is a partner with the firm, and represents clients and insurers in intellectual property disputes and litigation matters, as well as, in transactional matters, such as applications for trademark and copyright registrations. He has been rated as AV Preeminent by Martindale-Hubbell. Mr. Ruiz is admitted to practice law in Florida and North Carolina state courts, as well as, in the United States District Court for the Southern District of Florida, the United States District Court for the Middle District of Florida, and the United States Court of Appeals for the Eleventh Circuit. He also represents clients in U.S. Trademark Trial and Appeal Board proceedings. 

He is a Past President of the Federal Bar Association's South Florida Chapter; and is active with other voluntary bar associations, such as the Dade County Bar Association and the Cuban-American Bar Association. Mr. Ruiz is also active with civic and service organizations, including the Rotary Club of Miami, where he proudly served as the Club's 100th President during its centennial year. Oliver earned a bachelor’s degree from Florida State University, and a law degree from St. Thomas University School of Law, where he was as a board member for the Moot Court Board, and President of the Student Bar Association. He is a native of Miami, and is fluent in Spanish.