Bloomberg Law
June 21, 2024, 5:20 PM UTC

DraftKings, MGM Keep Wins Over Gaming Patent-Infringement Suits

Michael Shapiro
Michael Shapiro
Senior Reporter

The Federal Circuit deemed a handful of patents asserted against online betting sites, including DrafKings Inc. and BetMGM, abstract and thus ineligible for patent protection—dooming six suits that date to 2021.

Circuit Judge Leonard P. Stark agreed with a New Jersey federal judge Friday in a precedential opinion, saying Beteiro LLC’s patents had many hallmarks of “abstractness” under the US Supreme Court test laid out in Alice Corp. v. CLS Bank Int’l. Those, he said, include patent claims that “broadly recite generic steps of a kind we have frequently held are abstract: detecting information, generating and transmitting a ...

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