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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 first games are expected towards the end of the year, with the partnership ultimately targeting a release cadence of two games per month. For Curwen, Eeze demonstrates the demand among established gaming businesses for greater ownership of their content strategy without the cost and complexity of creating a conventional development operation.
The implications could extend well beyond companies already established in other areas of gaming.
“You shouldn’t necessarily need 100 people and millions of euros of infrastructure to have a great idea and turn it into a successful slot,” Curwen says.
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The US addressable market is vastly larger and customer recruitment remains strong. Marantelli says Kalshi increased its number of clients fivefold during the World Cup, while White Swan predicts that NFL prediction markets could generate between $5 billion and $7 billion of liability in a single week.
But he acknowledges the possibility that faster customer losses could eventually test the sustainability of the model.
“They lose quicker, dry up quicker, recruitment or re-recruitment,” he says. “If the recruitment of players dries up, then what are you going to do? Definitely there can be components like that.”
