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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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“Unregulated is not illegal,” he asserted. “We will continue to support those markets that we believe over time will become regulated.
“Our investment is going into regulated markets, and yes over time we will likely consider pulling out of certain markets. I think Playtech has done a very good job, [regulated revenues] are more than 85%.”
Meanwhile its B2C revenue, which took a significant hit last year as it offloaded the majority of its B2C operations, including Snaitech and Happy Bet, declined 22% to €32 million.
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While Playtech has backed its Black Cube investigation Evolution slammed it as a “smear campaign”, and has strongly refuted the claims made, citing them as “highly inflammatory and knowingly false”.
As the case rumbles through court, a key piece of evidence, meant to support Evolution’s defence was a report carried out by specialist gaming advisors Spectrum Gaming Capital. It analysed Evolution’s operations and was meant to counter the damning Black Cube report.
However, until very recently the report was kept confidential by Evolution, as it contained commercially sensitive material, the supplier said.
