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DraftKings is requesting that a panel of the U.S. Patent and Trademark Office (USPTO) nullify a patent that trading house Cantor Fitzgerald says the gaming company copied for its benefit.
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.
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In July, Fertitta’s General Counsel Steven Scheinthal told the Nevada Gaming Control Board that the company had a letter of intent from banks to finance the transaction but was waiting for better borrowing conditions. Fertitta is assuming nearly $12 billion in Caesars’ debt and is committed to a $6.6 billion financing package.
“Our hope is that in the next few months there will be a window of opportunity where the market will be hotter and [it’s] a more interest rate friendly environment where we can go raise the money and then just put it in an escrow account,” Scheinthal said at the time.
That window Scheinthal had hoped for seems to be moving further away. Caesars’ proxy filing showed that even during negotiations in the spring, Fertitta refused to go above its $31-per-share offer “due to higher financing costs and increased macroeconomic risks”. From the end of 2025 to late April of this year, higher borrowing costs had resulted in “approximately $40 million per year in additional costs from when the process started”, the filing said.
