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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 committee identified the Gambling Act 2005 as the moment when licensed operators gained broad advertising freedoms across media. Prior to 2005, television and radio gambling advertising was limited to products like bingo, football pools and the National Lottery.
Since then, annual advertising expenditure by licensed operators has grown substantially and is now estimated to be between £1 billion and £2 billion, accoridng to , the report said.
According to the committee, robust evidence now links gambling advertising to increased participation and associated harms.