Fiesta Fortune

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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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On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.

The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.

There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.

What is Fiesta Fortune?

Caesars Palace welcomes Barcelona’s SIPS Drinkery House, regarded by many as one of the world’s best bars, for a two-month pop-up at the Vista Cocktail Lounge from Oct. 31 through Dec. 31.

Stix Asia—the 18,000-square-foot food hall replacing the former Sundry food hall at UnCommons in southwest Las Vegas—announced its first three restaurants this week, all of which began in Tokyo: Ginza Bairin, founded in 1927; the Ramen Bario ramen spot; and Nanamusubi. The food hall is expected to open over the winter with a dozen concepts representing cuisines from around Asia.

K Ssam Bap—a Korean restaurant in the mini-mall at 3909 W. Sahara Ave.– was reportedly closed by the Southern Nevada Health District (SNHD) for the second time since it opened just a year ago.