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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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“But after yesterday’s game, they’re going to draw a lot more support because they were pretty good underdogs (against the Chargers),” Scucci added.
Bettors had plenty of momentum after favorites dominated Week 1, but Sunday (Sept. 20) tilted back in the sportsbooks’ favor behind a wave of upsets. Several heavily backed teams failed to win or cover the spread.
The biggest wins for Boyd were the Eagles failing to cover (24-20 over the Titans), the Saints winning outright as large underdogs (24-17 over the Ravens), and the Browns topping the Bucs (23-19). For bettors looking to recoup losses, the afternoon slate offered relief, with the 49ers handling the Dolphins (35-13), the Seahawks routing the Cardinals (31-7), and the Cowboys topping the Commanders (37-20).
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In May, the NFL sent a letter to the US Commodity Futures Trading Commission with a list of certain event contracts it deemed objectionable. By July, the league doubled down with public comments to the CFTC after the agency issued draft regulations for the contracts. The NFL cited props on player injuries, penalty totals and missed field goals as those that fit the bill. Goodell, however, conceded that the NFL has held discussions regarding prediction markets as public policy evolves.
Two other leagues, Major League Baseball and the National Hockey League, have each signed a Memorandum of Understanding with the CFTC that allows participating teams to partner with the operators.
“We don’t think we have to be first in this, we feel like we’re going to be right,” Goodell said. “The best thing to do is be patient and make sure you keep the integrity of the game number one.”