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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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These steps remain subject to regulatory approvals, including clearance from the French Autorité des Marchés Financiers (AMF) and the French Interior Ministry, which oversees ownership changes in gaming operators under Article L. 323‑3 of the French Code de la sécurité intérieure.
The definitive share transfer agreement is expected to be signed following the completion of mandatory employee information and consultation procedures at Casigrangi and at the Casino de Gruissan’s social and economic committee.
Closing of the transaction is targeted for the first quarter of 2027.
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But this week the 2022 report was released in full by the court. Playtech, for its part, has celebrated a number of findings in the document, which it says supports and corroborates findings from Black Cube.
Notably, the Spectrum report does acknowledge that Evolution did not knowingly allow games in prohibited territories, however, it has also flagged a number of compliance issues, which resulted in its games being provided in markets where online gambling is, or has been, prohibited.
Here are some of the dossier’s key findings, some of which raise questions around Evolution’s compliance operations during the period assessed.