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Laos argues they were effectively indistinguishable from the companies that were ordered to pay and should therefore be held responsible for the debt.
A federal judge previously rejected Laos’ attempt to pursue Baldwin and Bridge Capital because they had not been parties to the original arbitrations.
But the Ninth US Circuit Court of Appeals reversed that decision Thursday (September 17).
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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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Vicki Scott, the DIA’s director of gambling, said the investigation had delivered significant results, while stressing that work to improve compliance and ensure communities received their share of gambling proceeds would continue.
“Most operators have worked constructively with us to address historical issues and improve their practices,” Scott said.
“While we’ve made substantial progress, our work is not finished. We’ll continue working with operators to recover funding for communities, improve compliance and maintain public confidence in the integrity of class 4 gambling.”
