DraftKings Bid to Nix Array of Patents Mostly Fails, Judge Says

July 19, 2022, 7:15 PM UTC

DraftKings Inc.’s bid to cancel a patent for technology that Diogenes Ltd. and its licensee Colossus Bets allege is infringed by the cash-out feature of the Sportsbook app should be granted, a federal magistrate judge said, but the request should be denied as to the case’s other seven patents.

Magistrate Judge Christopher J. Burke said that during his 11 years as a judge, he’s resolved “many, many” invalidity motions that lean on Section 101 of the Patent Act, which outlines limitations on what can be patented.

“But I cannot recall ever having seen an attempt by a defendant to assert ...

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