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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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In a rare punitive move, commissioners also directed the Minnesota Attorney General’s Office to investigate the cooperative for potential statutory violations, which carry fines between $100 and $1,000 per infraction.
The commission also agreed with the state Department of Commerce’s assessment that the cooperative’s actions were driven by concerns over lost electricity sales rather than legitimate safety risks.
Commissioners pointed to evidence suggesting the tribe may have already been overcharged compared to other member customers.
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She said the government would receive a report every six months on illegal gambling advertising across these platforms. She insisted the issue should also be dealt with at an EU level, through the Digital Services Act.
Candidates from the VVD party urged the government to take a “harder stance” against these big tech platforms.
Some politicians stated their opinion that the legal gambling age in the Netherlands should be increased to 21 from the current barrier of 18 years old.