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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.

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.

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“These were serious breaches by Dabble. Wagering providers must have robust systems in place to protect people who have chosen to self-exclude,” Lidgerwood added.

Tabcorp Holdings Limited, one of Australia’s largest wagering and media companies was also fined more than AU$2.7 million earlier this year. ACMA clarified that Tabcorp had violated telemarketing and spam regulations over a 16-month period. 

It had sent over 217,000 marketing emails and SMS messages within a 16-day window to customers who had explicitly unsubscribed. ACMA regarded the volume and timing of these messages as significant enough to warrant enforcement action. 

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“The largest black market operators have scaled to create recognisable brands with traffic that can compare to domestically licensed operators,” the report’s authors wrote. “The top group of sites by common owner has a 12% share of traffic, while the largest single brand has 10%.”

Beyond offering crypto payment solutions, a number of black market operators are licensed in “light touch” offshore jurisidictions which use opaque offshore operating structures to help to obscure company ownership and make local enforcement against these companies complex, the report noted.

By comparison, the long tail of smaller black market sites rely heavily on affiliates to generate traffic.