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DraftKings is requesting that a panel of the U.S. Patent and Trademark Office (USPTO) nullify a patent that trading house Cantor Fitzgerald says the gaming company copied for its benefit.

U.S. Patent No. 12,406,284, which lists Commerce Secretary and former Cantor CEO Howard Lutnick as its primary inventor, covers geolocation technology commonly used in sports betting.

Geolocation services, which are typically purchased through third-party vendors, are used by sportsbook operators to ensure that their clients are placing wagers from jurisdictions in which sports wagering is legal.

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The rejection of the Clarity Act can be viewed as a victory for gaming stakeholders in their fight against prediction markets, which are closely intertwined with the crypto world. Crypto markets have long been the second-largest category of prediction market trading, behind sports, and many crypto exchanges also now offer predictions. These include Crypto.com, Coinbase, Gemini and many others.

On 16 June, a coalition of gaming lobby groups, state associations and labour unions sent a letter to the Senate urging lawmakers to include language in the bill banning sports and casino-related contracts. Among the signatories were the American Gaming Association, the Indian Gaming Association, the Association of Gaming Equipment Manufacturers and the UNITE HERE unions.

“Litigation may eventually clarify the law, but this is ultimately a question of congressional intent. Congress should not wait while this nationwide expansion of gambling continues,” the letter said. “It should use crypto legislation to reaffirm a simple principle: sports betting falls outside the CFTC’s remit and cannot be offered through prediction market platforms.”

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