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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.
The Commerce Department has jurisdiction over the USPTO, meaning Lutnick is the boss of the USPTO Director John Squires. Squires, who became 60th director of the USPTO a year ago, has been publicly effusive in his praise of Lutnick.
More relevant to DraftKings is the fact that under his leadership, the patent office has moved to significantly limit access to the Patent Trial and Appeal Board (PTAB) – the very board to which the gaming company is appealing in an effort to have the Cantor patent annulled.
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This summer, the Commission reached settlements of £900,000 with Betfred over safer gambling failures, £4.75 million with Evolution over weaknesses in its AML risk assessment and supply-chain oversight, and £122,835 with Stakelogic after games were found to be running faster than permitted.
Taken together, the cases provide further ammunition for the anti-gambling lobby at a time when it is already facing political pressure, tax increases and demands for tighter restrictions. Each apparently avoidable failure makes it harder for the industry to argue that existing regulation is sufficient.
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“Interviews [ … ] with representatives of state monopoly operators across European jurisdictions consistently suggested that advertising restrictions did not lead to consumer migration towards illegal operators,” the report said.
This report arrived amid the UK government’s 2023 white paper on gambling reform, which introduced a statutory levy for funding research and treatment.
A cross-party of MPs similarly branded gambling advertisement as a “public health issue” in a recent parliamentary debate. The comment came after the publication of the All-Party Parliamentary Group’s May report.