Fed. Circ. Upholds FanDuel, DraftKings' PTAB Win

Law360 (December 17, 2019, 8:56 PM EST) -- The Patent Trial and Appeal Board rightfully invalidated claims from a video system patent challenged by sports-betting platforms FanDuel and DraftKings, even if it defined a key claim incorrectly, the Federal Circuit said Tuesday.

The three-judge panel called the claim construction flaw a “harmless error” because substantial evidence still supports the board's finding that the claims in Cantor Fitzgerald affiliate CG Technology Development LLC’s patent were obvious over prior art.

The claim being considered was “authorize play based on age.” The Federal Circuit found that the board failed to distinguish between two embodiments in the specification, one of which calls for authorizing...

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