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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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More than a year after then-Houston Astros pitcher Lance McCullers faced menacing threats from an exasperated bettor, questions remain about whether the proposed bans will serve as a meaningful deterrent to agitated sportsbook customers. An investigation later determined that the bettor resided overseas.
Since the Supreme Court’s PASPA decision in 2018, there has been an uptick on harassment against athletes from bettors. The collection of incidents, in the view of the industry, is typically construed as both troubling and prevalent. Against a backdrop of alarming threats in numerous sports, perhaps the most disconcerting occurred at the hands of Benjamin “Parlay” Patz, a California bettor.
Approximately 15 months after the high court’s ruling, Patz sent a series of explicit messages to four members of MLB’s Tampa Bay Rays, threatening to “sever” their necks open. Accused by federal investigators of targeting more than 300 accounts of pro and college athletes, Patz pleaded guilty in 2021 to transmitting threats in interstate or foreign commerce. Although a judge ordered Patz to undergo mental health treatment and abstain from gambling, he did not sentence the bettor to prison.
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If Bernstein’s $10 trillion prediction market turnover forecast is realized or exceeded, it’d likely prove significant in revenue terms because the research firm previously estimated that $1 trillion in yearly activity could generate as much as $10.8 billion in revenue for operators.
As has been widely documented, sports event contracts are currently the lifeblood of the prediction market industry, but Bernstein notes that won’t be the case on a permanent basis. In fact, the research firm estimates that sports derivatives’ share of industry volume will decline to 35% in 2035, indicating that the aforementioned volume increase will be led by other categories.
The research firm estimates that by 2035, financial derivatives, including event contracts linked to commodities, cryptocurrencies and stocks, will account for 49% of turnover on yes/no exchanges, topping sports to become the largest volume driver. The research firm sees event contracts tied to key performance indicators (KPIs) leading the charge.