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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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Prediction market volume attributable to “takers”—recreational and retail traders who pull liquidity from exchanges—is forecast to reach $190 billion this year.
That estimate arrives courtesy of Macquarie and is well ahead of the research firm’s previous estimate of $169 billion in 2026 taker volume.
Takers is a prediction market industry colloquialism for the market participants that swiftly fill buy and sell orders, thus removing liquidity from the marketplace. Conversely, makers are the market participants viewed as liquidity providers and professional or sharp money.
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He described online gambling and betting as a “social scourge“. Some people, he said, “after repeated losses and financial difficulties, have been driven to despair, sometimes to the point of contemplating suicide”.
The committee considered the bill once, on 3 February, and has since taken no further action.
Meanwhile the government has been approaching the issue via a new bill. Sports minister Sadok Mourali said in November 2024 that a gambling and sports betting bill had been circulated for consultation. Twenty-six public institutions received that consultation, including the central bank, Competition Council and financial intelligence authority.