Kate Lazarus helps to guide clients through complex and emotionally-charged cases.
Prior to joining Keker, Van Nest & Peters, she interned at legal aid centers within the U.S. and Argentina. In these roles, she stood as an advocate for immigrants and refugees.
In addition to working in Argentina, Ms. Lazarus also lived in Barcelona and Copenhagen before returning to her native San Francisco. While living abroad, she had the opportunity to hone her Spanish.
Cases of Note
Oracle America, Inc. v. Google Inc.: We represented Google in what Oracle claimed to be a multi-billion dollar patent and copyright war concerning the use of the Java programming language in Google’s Android platform. When Oracle bought Sun Microsystems in January 2010, it acquired Sun’s rights to Java. In August of that year, Oracle sued Google, claiming its Android mobile technology infringed Oracle patents and copyrights. We defended Google against all the patent and copyright claims, and also argued that the damage estimates were wildly inflated. Following repeated rounds of motions and briefing, the judge dismissed the bulk of Oracle’s copyright claims, and at trial the jury rendered a unanimous verdict rejecting all claims of patent infringement. Although the jury decided that Google infringed an Oracle copyright on nine out of millions of lines of source code, the case was a sweeping victory for Google, with zero damages. After an appeal by Oracle, the case returned to district court for a trial on fair use. After a two-week trial, the federal jury unanimously found that Google’s use of Oracle’s Java programming language in the Android operating system was a fair use, thereby rejecting Oracle’s claims of infringement in their entirety.
Private Arbitration: We defended a former CEO in a week-long confidential arbitration before a three judge panel in Los Angeles. Our client prevailed. The claimant took nothing and is responsible for our client’s attorney’s fees.
Edwards Lifesciences v. Corevalve Inc. et al.: We defended Medtronic, Inc. and its subsidiary, CoreValve, in a multi-patent case brought by Edwards Lifesciences in the District of Delaware. The patents at stake concerned CoreValve’s lifesaving transcatheter artificial heart valve. Although an injunction was initially ordered, we convinced the court to stay that injunction, and then later resolved all of the pending patent litigation with a successful settlement.
Plaintiff v. Venture Capital Firm and Firm Partner: On behalf of a venture capital firm and its general partners, we defeated aggressive litigation filed by one of the firm’s portfolio companies. Our client had invested in the plaintiff company more than 25 years prior to the litigation, and was the plaintiff’s largest minority shareholder. The case began when our client exercised its contractual right to compel the plaintiff’s IPO so it could finally liquidate its investment. The plaintiff retaliated by accusing a firm partner who had exercised his stock options of breach of contract, conversion, and fraud. After successfully getting the case moved from Orange County to San Mateo, we battled with the plaintiff over the sufficiency of its pleadings and defeated a succession of attempts by the plaintiff to uncover in discovery our clients’ confidential and irrelevant business strategies concerning its investment. Ultimately, despite repeated efforts by the plaintiff to expand and delay the litigation, we convinced the San Mateo Superior Court to grant our clients’ motion for summary judgment in its entirety.
Honors and Activities
- California Lawyer of the Year, Intellectual Property, Daily Journal, 2017
- Rising Star, Super Lawyers, 2016
- Legal Intern, Legal Aid Society - Immigration Law Unit, 2007, 2009
- Staff Member, Columbia Human Rights Law Review, 2007-2008
- Judicial Extern, Hon. Chester J. Straub, U.S. Court of Appeals for the 2nd Circuit, 2008
- Legal Intern, Human Rights First, 2007
"Framing (and Winning) your Substantial Evidence Appeal," Daily Journal, 2012, co-authored with Steven Hirsch