Adam Lauridsen

We defended Dexcom in the District of Delaware where Abbott asserted a dozen patents targeting Dexcom’s G6 continuous glucose monitoring technology. The Keker team narrowed the case to four patents prior to trial, including by invalidating an Abbott patent at summary judgment, and excluded Abbott’s expert testimony regarding reasonable royalty damages. Following a two-week trial, the jury invalidated another Abbott patent and found two were not infringed. The Court also declined to let the Jury consider damages on the remaining patent, cementing a defense victory for the Keker trial team.

We represent the PGA TOUR in an antitrust lawsuit filed by 11 professional golfers who left the PGA TOUR and joined LIV Golf. We defeated plaintiffs’ motion for a temporary restraining order seeking to force the PGA TOUR to allow them to play in the FedExCup Playoffs. We also recently won a motion to compel subpoena compliance from Saudi Arabia’s Public Investment Fund and its Governor, Yasir Al-Rumayyan.

We represented Major League Baseball, the Commissioner, and the 30 Clubs in a putative class action concerning the postponement of games during the COVID-19 pandemic. Plaintiffs raised a number of consumer claims and sought damages related to the sale of all tickets for the 2020 MLB season. The Court granted our motions to dismiss plaintiffs’ claims, holding them to be legally baseless.

We are defending Google in a series of patent cases brought by EcoFactor targeting Google’s Nest products, which are pending in the Northern District of California, which have been stayed pending inter partes review proceedings before the PTAB. We previously defended Google at trial in the Western District of Texas against patent claims brought by EcoFactor that involved four asserted patents, one of which EcoFactor dropped, and another of which we invalidated before trial. Two remaining patents proceeded to trial before Judge Albright. We obtained a jury verdict of non-infringement on one patent, and although the jury found one claim of the other infringed, we limited damages and eliminated running royalties.

We successfully defended Electronic Arts in a recent class action targeting its sports games, FIFA and Madden NFL, including a “loot box” challenge claiming that the Ultimate Teams feature constitutes illegal gambling.

We successfully defended Major League Baseball, its Commissioner and 30 Baseball Clubs from a putative class action. The plaintiffs, former minor league players, alleged that minor league baseball’s labor system violates federal antitrust law. We convinced the court to dismiss the complaint because Baseball’s antitrust exemption bars plaintiffs’ claims.

We defended Electronic Arts Inc. (EA) against claims that avatars in its hugely successful Madden NFL franchise used the likenesses of retired NFL players. After litigating an important First Amendment issue in the district court and before the Ninth Circuit, we defeated two successive motions to certify a class, both because plaintiffs’ case presented intractable choice-of-law problems and because, as the court recognized, the right of publicity is inherently an individual right. We prevailed at summary judgment over plaintiffs’ statutory claims. The Court found that the plaintiffs had failed to demonstrate that “any of the avatars in the Madden games could be ‘readily identified’ as corresponding to any specific plaintiff based on the appearance of the avatars alone.” Not long after, the parties settled.

Plaintiffs filed a putative class action against Major League Baseball, the Commissioner, and the 30 Clubs demanding that our clients install protective netting from foul pole to foul pole at every Major League and Minor League ballpark. We moved to dismiss the case for lack of standing, lack of personal jurisdiction, improper venue, and failure to state a single claim for relief. The court granted our motion to dismiss.

In partnership with the American Civil Liberties Union, Keker, Van Nest & Peters filed a class action lawsuit challenging President Donald J. Trump's executive order restricting immigration from several predominantly Muslim countries and suspending entry of refugees from all countries. In March 2017, we sought a preliminary injunction enjoining the order's enforcement. The suit alleges that the order is an unconstitutional attempt to discriminate against Muslims, and that the government's actions violate Article I of the Constitution, the First Amendment, the equal-protection and due process rights granted under the Fifth Amendment and the Immigration and Nationality Act.

We defended data storage innovator Pure Storage Inc. in multi-patent litigation filed by its Fortune 500 rival EMC Corporation in the District of Delaware. EMC’s asserted patents related to various data storage technologies, including technology for deduplicating data. We prevailed on two of the five patents in suit prior to trial, and obtained a jury verdict of non-infringement as to two others following a seven-day jury trial. We then won partial judgment as a matter of law and a new trial on invalidity as to EMC’s one remaining asserted patent. Shortly following the court’s order granting a new trial, Pure Storage and EMC reached a global settlement.

The city of San Jose sued our client, Major League Baseball, alleging antitrust violations and various state law claims related to the Oakland Athletics possible relocation to San Jose. The lawsuit claimed that Major League Baseball and its commissioner violated state and federal laws regarding unfair business practices and anticompetitive conduct. It also challenged the exemption to antitrust laws that the U.S. Supreme Court first upheld for Major League Baseball in 1922. We successfully moved to dismiss plaintiffs’ antitrust claims, the Ninth Circuit Court of Appeals affirmed that ruling, and we convinced the Supreme Court of the United States to decline a petition for certiorari.

Robin Antonick, programmer of the John Madden Football video game for the Apple II that was released in 1988, alleged that EA owed him royalties on sales of all Madden Football video games over the last twenty-two years. Antonick claimed that all Madden games since 1990 are derivative works of the game he programmed, and he was therefore owed royalties under a 1986 contract with EA. On behalf of EA, we contended that none of Antonick’s source code, which was written for a more primitive platform and was outdated by the time it was released, was ever used in any subsequent Madden game. Although the jury found in favor of Antonik, U.S. District Judge Charles Breyer later entered judgment for EA, reversing the award and strongly discouraging similar suits based on additional versions of the game. Judge Breyer's ruling was affirmed on appeal.

We secured a favorable settlement for Electronic Arts Inc. (EA) in this groundbreaking antitrust and right of publicity class action. Current and former student-athletes claimed EA improperly used the athletes’ likenesses and biographical information in its NCAA Football and NCAA Basketball video games.

We helped our pro bono client bring claims against the federal government and prison guards related to sexual abuse and retaliation she experienced while incarcerated at a federal correctional institution in Dublin, Calif. We ultimately obtained a significant settlement for our client. Her case also drew the government’s attention to widespread wrongdoing at the federal facility, which was eventually closed following criminal indictments against prison officials.

Representing Electronic Arts, we secured the dismissal of a lawsuit by The Brandr Group, which claimed EA was circumventing its agreements with dozens of Division I schools by offering group name, image, and likeness licensing deals directly to football players. After we defeated a TRO petition, The Brandr Group withdrew its lawsuit, paving the way toward a summer 2024 release of a new college football video game for the first time since 2013.

We represented Major League Baseball, the Commissioner, and the 30 Clubs in a putative class action concerning the postponement of games during the COVID-19 pandemic. Plaintiffs raised a number of consumer claims and sought damages related to the sale of all tickets for the 2020 MLB season. The Court granted our motions to dismiss plaintiffs’ claims, holding them to be legally baseless.

We successfully represented four residents of Sacramento County who sued a California card room for offering “Vegas style” games in violation of the California Constitution and Penal Code. On the eve of trial, the Bureau of Gambling Control instituted state-wide rule-making to address the issues raised by Plaintiffs’ complaint.

Plaintiffs filed a putative class action against Major League Baseball, the Commissioner, and the 30 Clubs demanding that our clients install protective netting from foul pole to foul pole at every Major League and Minor League ballpark. We moved to dismiss the case for lack of standing, lack of personal jurisdiction, improper venue, and failure to state a single claim for relief. The court granted our motion to dismiss.

We successfully compelled arbitration and obtained dismissal of all claims in this purported class action alleging false advertising and unfair competition related to the MLB.TV streaming service. The plaintiff also claimed that MLB’s commercial arbitration provision was unconscionable. Based on our briefing, the court held that the provision was fully enforceable and not unconscionable.

We defended Electronic Arts Inc. (EA) against claims that avatars in its hugely successful Madden NFL franchise used the likenesses of retired NFL players. After litigating an important First Amendment issue in the district court and before the Ninth Circuit, we defeated two successive motions to certify a class, both because plaintiffs’ case presented intractable choice-of-law problems and because, as the court recognized, the right of publicity is inherently an individual right. We prevailed at summary judgment over plaintiffs’ statutory claims. The Court found that the plaintiffs had failed to demonstrate that “any of the avatars in the Madden games could be ‘readily identified’ as corresponding to any specific plaintiff based on the appearance of the avatars alone.” Not long after, the parties settled.

We won summary judgment for Electronic Arts Inc. (EA) in this right-of-publicity and trademark case. The heirs of John Dillinger alleged that EA improperly used the Dillinger name in a series of video games. Plaintiff sought damages and an injunction to prevent EA from selling the games. The court's orders not only affirmed EA's fundamental First Amendment right to design and publish its games, but also made clear that Indiana's right of publicity statute could not be applied retroactively to individuals who died before it was enacted. Law360 described the rulings as a "total victory" for EA.

Robin Antonick, programmer of the John Madden Football video game for the Apple II that was released in 1988, alleged that EA owed him royalties on sales of all Madden Football video games over the last twenty-two years. Antonick claimed that all Madden games since 1990 are derivative works of the game he programmed, and he was therefore owed royalties under a 1986 contract with EA. On behalf of EA, we contended that none of Antonick’s source code, which was written for a more primitive platform and was outdated by the time it was released, was ever used in any subsequent Madden game. Although the jury found in favor of Antonik, U.S. District Judge Charles Breyer later entered judgment for EA, reversing the award and strongly discouraging similar suits based on additional versions of the game. Judge Breyer's ruling was affirmed on appeal.

We defended data storage innovator Pure Storage Inc. in multi-patent litigation filed by its Fortune 500 rival EMC Corporation in the District of Delaware. EMC’s asserted patents related to various data storage technologies, including technology for deduplicating data. We prevailed on two of the five patents in suit prior to trial, and obtained a jury verdict of non-infringement as to two others following a seven-day jury trial. We then won partial judgment as a matter of law and a new trial on invalidity as to EMC’s one remaining asserted patent. Shortly following the court’s order granting a new trial, Pure Storage and EMC reached a global settlement.

On behalf of T-Mobile, we defeated High Point SARL's multi-patent infringement case in New Jersey federal court. Luxembourg-based High Point had claimed our client infringed four of its patents involving various aspects of digital cellular network technology, and sought significant damages. However, we obtained summary judgment based on patent exhaustion, and successfully defended that judgment in High Point's appeal to the U.S. Court of Appeals for the Federal Circuit.

We secured a favorable settlement for Electronic Arts Inc. (EA) in this groundbreaking antitrust and right of publicity class action. Current and former student-athletes claimed EA improperly used the athletes’ likenesses and biographical information in its NCAA Football and NCAA Basketball video games.

The city of San Jose sued our client, Major League Baseball, alleging antitrust violations and various state law claims related to the Oakland Athletics possible relocation to San Jose. The lawsuit claimed that Major League Baseball and its commissioner violated state and federal laws regarding unfair business practices and anticompetitive conduct. It also challenged the exemption to antitrust laws that the U.S. Supreme Court first upheld for Major League Baseball in 1922. We successfully moved to dismiss plaintiffs’ antitrust claims, the Ninth Circuit Court of Appeals affirmed that ruling, and we convinced the Supreme Court of the United States to decline a petition for certiorari.

We successfully defended Major League Baseball, its Commissioner and 30 Baseball Clubs from a putative class action. The plaintiffs, former minor league players, alleged that minor league baseball’s labor system violates federal antitrust law. We convinced the court to dismiss the complaint because Baseball’s antitrust exemption bars plaintiffs’ claims.

At the pleading stage, we successfully defeated a putative class action filed against Major League Baseball, its current and former Commissioners, and all 30 Baseball Clubs. The plaintiffs, two former baseball scouts, claimed that defendants had violated federal and state antitrust law by allegedly conspiring to decrease competition in the labor market for scouts. By convincing the court that the employment of baseball scouts falls within the scope of Baseball’s antitrust exemption, we successfully obtained a complete dismissal.

In partnership with the American Civil Liberties Union, Keker, Van Nest & Peters filed a class action lawsuit challenging President Donald J. Trump's executive order restricting immigration from several predominantly Muslim countries and suspending entry of refugees from all countries. In March 2017, we sought a preliminary injunction enjoining the order's enforcement. The suit alleges that the order is an unconstitutional attempt to discriminate against Muslims, and that the government's actions violate Article I of the Constitution, the First Amendment, the equal-protection and due process rights granted under the Fifth Amendment and the Immigration and Nationality Act.

We represented a prisoner in a civil rights suit against three correctional officers who beat him in Pelican Bay State Prison and one officer who failed to intervene to stop the beating. After the plaintiff's case survived summary judgment, the federal court asked us to step in and represent him at trial. Following a five-day trial and five hours of jury deliberation, the defendants settled the case for nearly twice the number the plaintiff presented to the jury.