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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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Compared to the 2021 licensing round, the KSA adopted a more granular and stringent approach to its licence renewal process. This was expected following new policy rules set out by the regulator in September 2025.
One such rule was for licensees that had faced compliance enforcement during the five years operating in the Netherlands.
At the time KSA announced: “Providers that made mistakes in the past five years must explain during the application process how they have learned from previous mistakes and how they intend to prevent recurrence. If we find this explanation insufficient, the permit may be denied or additional conditions and restrictions may be imposed.”
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Lamb described this task as “practically limiting the authority’s ability to most effectively monitor compliance” across the scheme.
She suggested that the State Revenue chief commissioner’s office would be better equipped to manage what she characterised as a tax rebate programme.
NSW government figures classify poker machines as the most harmful gambling format in the state, yet clubs continue to operate approximately 65,000 poker machines, benefiting substantially from tax rebates through the scheme.