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Patent squabbles, including those pertaining to geolocation services, aren’t unheard of in the online gaming space. How things shake out in the Cantor Fitzgerald/DraftKings spat remains to be seen, but it’s possible the deck is stacked against the gaming company.

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.

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The sanctions, effective from 28 August 2026 , bar Santos from any direct or indirect trading access on Kalshi.

Earlier this year, fellow prediction market platform Polymarket also ended its paid relationship with Santos amid a Department of Justice investigation over whether he had placed a wager on his appearance at the same State of Union address. 

A federal judge sentenced Santos to 87 months in prison last April on felony wire fraud and check fraud charges. After Santos served several months in 2025, US President Donald Trump granted the former congressman clemency, resulting in his immediate release. 

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Skillz argues in its court petition that Chapter 15, which governs cross-border insolvency proceedings involving foreign companies operating in the U.S., shouldn’t apply.

“A proceeding aimed at impairing a single creditor is not the collective administration Chapter 15 contemplates, and the mismatch is not a technicality. It is part of the Debtors’ bad faith effort to forum shop for the most advantageous tool to use against their litigation adversary,” Skillz attorneys alleged.