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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.
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.
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A lot of bigger questions remain without the CLARITY Act. The bill aimed to establish a federal framework for digital commodities and delineate the roles of the SEC and the CFTC.
Its failure also leaves unresolved disputes over prediction markets and state and tribal gaming authorities, outside a comprehensive congressional framework. Those issues took on new significance during Senate floor debate over the bill, as concerns about federal commodities oversight extended to markets typically regulated at the state or tribal level.
The latest filing is an early step in filling some of that regulatory gap for the CFTC. The agency can issue regulations under its current statutory authority, but those regulations would not necessarily be as permanent as legislation passed by Congress.
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Authored by Senator Damares Alves and six other senators, Bill 2.470/2026 amends the Betting Law, which regulates fixed-odds betting, with measures aimed at protecting mental health, consumers, and the family economy. The bill received a favourable opinion, in the form of a substitute from Senator Alessandro Vieira.
“This is a non-partisan initiative. It stems from society’s current understanding of the extent of the damage caused by so-called betting,” the rapporteur stated.
On Tuesday, the CCT held a public hearing to discuss the project. Government and betting sector representatives participated in the debate and presented divergent positions on the proposed measures.