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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 two [concerns] are the integrity of athletic competition, and how that could potentially be impacted by a proliferation of legalized sports wagering. And then the second is really the health and well-being of student athletes.“
Stevenson added that the NCAA is determined to keep local student organisations informed of key regulations.
“Even though we are seeing legalization of sports wagering, it is still a violation of NCAA rules. I do think people and member institutions really need to make sure that their student athletes are aware, so that they don’t walk themselves into any kind of issues,” she said.
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Notably, Spectrum said within its report that it did not believe Evolution had engaged in any illegal practices. It also refuted allegations concerning cash payments and the use of Evolution’s games in sanctioned countries.
However, Playtech suggested that Evolution had failed to provide data that would have let Spectrum determine whether gaming sessions had occurred in Iran, Syria and Sudan.
It also said Spectrum was able to “specifically corroborate” Black Cube’s claims that Evolution’s games were accessible and generating revenue in several “prohibited locations”. These included Hong Kong, Singapore, the United Arab Emirates and Saudi Arabia.
