DraftKings asks USPTO to kill 18 claims in Lutnick patent

Cantor Fitzgerald claims DraftKings copied its geolocation patent, which verifies bettors are wagering from legal states.

The hit

DraftKings has asked the US Patent & Trademark Office to void a geolocation patent invented by Commerce Secretary Howard Lutnick, according to Casino.org. Lutnick is Cantor Fitzgerald’s former chief executive & is listed as the patent’s primary inventor; Cantor says DraftKings copied the technology. DraftKings wants the USPTO’s Patent Trial & Appeal Board to find the 18 claims in question unpatentable.

Why it matters

The fight matters because Lutnick’s Commerce Department oversees the USPTO, & director John Squires has been publicly effusive in praising his boss. Squires, along with predecessor Coke Morgan Stewart, has tightened access to the PTAB, the very board hearing DraftKings’ challenge, often citing patent age or court rulings. It’s possible the deck is stacked against DraftKings. Geolocation tech decides whether a bet is legal, making the underlying patent commercially significant across the sports-wagering industry.

The record

Patent number	US 12,406,284; primary inventor Howard Lutnick
Legal action	DraftKings seeks inter partes review at PTAB
Cantor lawsuit	Interactive Games (Cantor unit) sued DraftKings & FanDuel in April, alleging infringement of five patents
USPTO leadership	John Squires became 60th USPTO director a year ago
Cantor Gaming history	Faced money-laundering allegations, nearly lost Nevada licence in 2018, sold in 2019

What happens next

Watch for the PTAB’s decision on whether to grant DraftKings’ inter partes review, plus any update in Cantor’s ongoing infringement suit against DraftKings & FanDuel.

Sources: DraftKings Seeks Invalidation of Patent Invented by Commerce Secretary Lutnick

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