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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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A total of 10 standards are up for revision, and the draft dates for the proposals range from June to August. The board notified licensees about the compilation of revisions and the meeting date on 4 September. Interested parties may submit comments ahead of the hearing through 5 October.
The extent of the revisions vary, but most are somewhat significant with regard to language that is being added or omitted. Proposed changes to Standard 9 (digital pari-mutuel systems), for instance, include mostly small additions, whereas Standard 3 (slot metering systems) has entire sections added and subtracted. Explanatory notes for the edits are frequent throughout all of the proposals.
While Nevada is considered the top gaming state in the US, its regulatory framework related to technology has been seen as slow-moving and cluttered in comparison to other up-and-coming jurisdictions around the US. Ever since NGCB Chair Mike Dreitzer took over last June, modernisation has been a top priority, and these latest revisions are an extension of that.
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For Kesitilwe, tackling the illegal market is not just a regulatory priority but a fundamental player protection issue.
“Oftentimes when you see governments increasing taxes, banning iGaming, it’s mainly because of illegal operators because they don’t comply,” he declares. “An illegal operator may not provide age verification, responsible gambling tools, secure treatment of player funds, or an effective complaints mechanism.
“So illegal operators undermine licensed businesses that invest in compliance, contribute to taxes and operate under regulatory oversight. We are where we are because of illegal operators. Oftentimes, licensed operators have licence conditions that they need to abide with.”