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“During prosecution, the Examiner did not apply the material prior art or straightforward combinations presented here, which render every challenged claim obvious,” according to a DraftKings filing with the patent office.
Citing U.S. code, the gaming company is pushing for an inter parties review while requesting that the board find the 18 claims in question “unpatentable.”
Patent squabbles, including those pertaining to geolocation services, aren’t unheard of in the online gaming space. How things shake out in the Cantor Fitzgerald/DraftKings spat remains to be seen, but it’s possible the deck is stacked against the gaming company.
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The AGA declined to comment Thursday, and directed iGB to the June letter.
The failure to secure passage of the bill is a stinging defeat for both crypto-connected prediction operators and the CFTC, which has fully embraced the advance of digital assets under Chairman Michael Selig. Interest groups and political action committees had spent countless hours and millions of dollars lobbying for the legislation.
In statements, op-eds and media interviews since his appointment, Selig had pounded the table for a federal crypto framework. As the IGA’s Bean alluded to, the Clarity Act would have given the agency a number of new duties and authorities related to the new assets at a time when the commission’s existing workload has been cause for concern. There are typically five sitting CFTC commissioners at any given time, but Selig is currently the lone sitting commissioner with no other nominations submitted.
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She mentions an ongoing lawsuit against Meta, which will be expected to be very challenging. The VNLOK-filed litigation is seeking to take action against the illegal gambling ads allowed to filter through to consumers across Meta’s various platforms.
“There are about 70,000 ads every single month for illegal operators or offerings – and there’s only two or three thousand from the legal market. It’s really unbalanced and they should regulate more.
“As a trade organisation we are trying to work together with our regulator because we feel that we have a shared interest of getting a good legal market. And of course we’re talking to politicians to do something about putting illegal operators on notice. I think it is really positive at the moment in the Netherlands that the operators have really teamed up,” Petra continues.