OpenAI tapped Keker as lead trial counsel in a series of copyright lawsuits that will establish the boundaries of copyright fair use as applied to generative AI. The cases include claims brought by newspapers, authors, and other media outlets alleging that the training of Open AI's large language models infringe their works.

We defended EDA company Real Intent at trial in San Jose federal court against Synopsys’s copyright infringement claims related to the design and verification of integrated circuits. Synopsys also alleged that Real Intent breached several contractual agreements between the two companies by copying certain commands from Synopsys's software. The KVP team won a sweeping fair use victory on the copyright infringement claims at summary judgment, while the contract claim remained in the case at trial. The jury awarded Synopsys a tiny fraction of the millions of dollars Synopsys sought, and the Court further reduced the verdict post-trial.

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.

On behalf of Instacart, we have successfully defended against numerous class and collective actions across the country alleging that that shoppers who use Instacart’s technology platform should be classified as employees rather than independent contractors. We have won a number of early dispositive motions in these cases, including motions to compel individual arbitration and to enforce class and collective action bars.