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The Commerce Department has jurisdiction over the USPTO, meaning Lutnick is the boss of the USPTO Director John Squires. Squires, who became 60th director of the USPTO a year ago, has been publicly effusive in his praise of Lutnick.
More relevant to DraftKings is the fact that under his leadership, the patent office has moved to significantly limit access to the Patent Trial and Appeal Board (PTAB) – the very board to which the gaming company is appealing in an effort to have the Cantor patent annulled.
Both Squires and his predecessor, Coke Morgan Stewart, made it harder for filers to get in front of the PTAB, typically citing patent ages or court rulings.
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Referencing an Australian study on direct marketing and its link to gambling harms, Dr Philip Newall, senior lecturer at the University of Bristol noted that “causality was established by getting a random subset of participants to opt-out of receiving direct marketing offers”.
It was found that “this group then self-reported significantly lower expenditure and harms [ … ] over the next two weeks”.
They recommended banning direct marketing by operators and affiliates except for essential account or safety communications.
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The two sides reached a settlement in 2014, but that agreement also fell apart, and the casino companies renewed their claims.
Ultimately, the gamble backfired.
Arbitrators found against the companies and ordered them to pay millions of dollars toward Laos’ legal costs and expenses.