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Prediction market operators are on legal losing streaks, confirming that Beynon is onto something when he says the regulatory environment is the biggest risk facing the industry.
“We continue to view regulation as the largest risk to prediction markets,” says the analyst. “While industry growth remains robust, adverse legal outcomes could materially impact sports contract availability and long-term adoption.”
Amid a string of losses in federal appellate courts, it appears increasingly prediction markets are angling to take their cases to the U.S. Supreme Court, banking that the high court will allow them to continue offering sports event contracts free of state gambling regulations.
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U.S. Patent No. 12,406,284, which lists Commerce Secretary and former Cantor CEO Howard Lutnick as its primary inventor, covers geolocation technology commonly used in sports betting.
Geolocation services, which are typically purchased through third-party vendors, are used by sportsbook operators to ensure that their clients are placing wagers from jurisdictions in which sports wagering is legal.
“During prosecution, the Examiner did not apply the material prior art or straightforward combinations presented here, which render every challenged claim obvious,” according to a DraftKings filing with the patent office.
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As the case rumbles through court, a key piece of evidence, meant to support Evolution’s defence was a report carried out by specialist gaming advisors Spectrum Gaming Capital. It analysed Evolution’s operations and was meant to counter the damning Black Cube report.
However, until very recently the report was kept confidential by Evolution, as it contained commercially sensitive material, the supplier said.
But this week the 2022 report was released in full by the court. Playtech, for its part, has celebrated a number of findings in the document, which it says supports and corroborates findings from Black Cube.