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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.
How to play Dog Pound
Across the market, operators delivered high double-digit gains compared with Labor Day weekend, which featured a full slate of college football games but no NFL contests. Two operators, DraftKings and Underdog each saw triple-digit growth, delivering weekly increases of 125% and 119%, respectively. Three others, Polymarket, Crypto.com and Novig, saw gains of at least 30%, led by Polymarket with a weekly increase of 46%.
One interesting nugget surrounds weekend figures at Kalshi, where volume on Sunday only surpassed prior daily activity by $34 million, BofA data shows. Typically, Sunday volume for the quarter dwarfs that of College Football Saturdays due to the voracious demand for NFL offerings. BofA analyst Shaun Kelley attributes the irregularity to the possibility that Kalshi is “over indexing” on college sports.
Kelley also cited improvements at Robinhood as a possible factor for the regression at Kalshi. Just before the NFL season, Robinhood took a minority stake in Crypto.com and struck a deal to begin routing NFL contracts to OG.com, the site’s regulated prediction market platform.
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Polymarket and other prediction markets that ventured into sports trading last year maintain that they’re financial platforms governed by federal law.
The Commodity Futures Trading Commission (CFTC) agrees, continuing to defend its claimed “exclusive jurisdiction” over sports prediction markets in federal and state courts across the nation.
The legal wrangling extends to Michigan, where Attorney General Dana Nessel has rejected Polymarket and the CFTC’s arguments that the Michigan Gaming Control Board has no regulatory authority over prediction markets, even the ones allowing traders to buy and sell shares of sports outcomes.