The complaint registered by the Toronto-based Engine Media at the US District Court New Jersey mentioned that the gaming services from DraftKings go against WinView’s U.S. Patent No.9,878,243, also called “243 patent”.
The patents titled “Methodology for Equalizing Systemic Latencies in T.V. Reception having Connection with Skills Games Played” and “System to Manage Client Assets for conducting Activities On Computing Devices” seem to be relevant to in-game or live betting.
Engine Media’s complaint mentions that the 243 patent claims to make particular advancements in computer technology relating to distributed gaming and distributed gaming using a mobile device.
In the lawsuit filing, Engine Media claims that the inventors of the patent tackle a critical problem that bettors and operators face- Limited synchronization in TV signals all over the US.
It is among other reasons why leagues like the N.F.L. and N.B.A. collaborate with third-party data suppliers, and bookmakers are frequently forced to pay for premium data. However, due to variations in the latency and the use of different devices, a New York-based gambler might use data more than someone in California, even if they are both viewing and betting on one game.
Engine’s claim against the DraftKings
DraftKings, like other operators, wants to be a part of the rapidly increasing in-game betting industry. DraftKings launched a similar offering to coincide with Wimbledon, as well as a live betting agreement with the NBA in 2019.
Engine Media also claims that DraftKings is violating its patents in New Jersey, which is also the biggest betting market in the country.
Plaintiff mentioned in its file that DraftKings violets under the doctrine of equivalents under the violation of 35 U.S.C. 271 (a) using, offering to sell within the said District in the U.S. It is done without any authority.