DraftKings Fails to Nix Several Patents in Sportsbook Dispute

Aug. 29, 2022, 7:13 PM UTC

DraftKings Inc. failed to convince a Delaware judge to throw out all seven patents the sports betting company was accused of infringing with the cash-out feature of its Sportsbook app.

District Judge Maryellen Noreika agreed with a magistrate judge’s recommendation that DraftKings can’t use one invalidated clam of one patent to show that several claims of six other patents are all ineligible for patent protection under Section 101 of the Patent Act. DraftKings had argued that claim 1 of US Patent No. 8,721,439 is representative of all the other claims because they’re “tied to the idea of hedging financial risk ...

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