PrizePicks Sued In Georgia For Alleged Copyright Infringement

Popular fantasy sports app PrizePicks is now embroiled in a lawsuit in Georgia. Vetnos LLC is alleging that PrizePicks is infringing upon its copyright with its player prop/over-under fantasy sports games. In the complaint, Vetnos alleges that they have warned PrizePicks about this for years and that the lawsuit is the final option.

Vetnos LLC owns the three patents that grant them the rights for the player prop-style, fixed odds format that is similar to what’s offered in sports betting odds at sportsbooks. The patents were filed in 2014 and 2015.

PrizePicks In Hot Water In Georgia

According to Vetnos, no fixed-odds fantasy sports player performance games existed prior to them developing the technology. Vetnos licenses its products in California and Oklahoma to Native American tribes.

“We apprised PrizePicks of our concerns for several years in an effort to resolve this matter amicably, but unfortunately PrizePicks refused to respect our IP rights, so we were left with no option but to seek help from the court system,” said Dan Orlow, Vetnos co-founder.

PrizePicks alleges that this lawsuit is frivolous. They claim that the suit is in response to years of failed attempts to get PrizePicks to purchase Vetnos technology.

“After years of trying unsuccessfully to get us to buy its technology and intellectual property, Vetnos has now apparently resorted to a frivolous lawsuit to change our minds,” said Jason Barclay, Chief Legal Officer and Head of Public Policy at PrizePicks. “That is not a good business or legal strategy. We intend to aggressively defend against this lawsuit and point out its many errors and outright falsehoods.”

The lawsuit has been filed in the Northern District of Georgia (Case Number 1:23cv2746). Vetnos is also being backed by the Global Intellectual Property and Patent Litigation Groups at global law firm Greenberg Traurig. Co-chair Scott J. Bornstein will be working with Vetnos during the suit.

“Vetnos has invested substantial time and resources into its intellectual property,” Bornstein said. “Vetnos fully intends to enforce its rights against infringers like PrizePicks.”

What This Means For PrizePicks

The implications of this lawsuit could see major damages levied against PrizePicks. Vetnos is seeking royalties, interest on lost profits, and monetary damages. Additionally, if PrizePicks is proven to be in violation of Vetnos’ copyright, it can be forced to pay the company going forward to continue its operation.

Vetnos is also alleging that PrizePicks CEO Adam Wexler admitted to copying Vetnos technology for his company. He is alleged to have stated: “We liked your game so much, we decided to copy it.” While the Georgia court will have to determine whether or not PrizePicks did indeed violate copyright, the allegations so far are severe.

“By copying the Vetnos Technology, PrizePicks was able to launch a fixed-odds daily fantasy sports game and learn to effectively manage the risk associated with offering such a game without engaging in the significant trial, error, and loss that Vetnos’ predecessor engaged in to develop the Vetnos Technology.”

Reads the complaint.