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“We’re calling on the Supreme Court to resolve this issue and recognise that Congress did not silently make the sports-betting industry immune from state law,” Davenport said in a statement.
New Jersey stakeholders are no stranger to the importance of a Supreme Court review. The state lost every case in the lead-up to the PASPA repeal, except for the one that mattered most in the end, and it could be the same in this matter as Kalshi has prevailed thus far in state court and the Third Circuit. Davenport’s petition cites that fateful PASPA ruling in its introduction.
“Just eight years ago, this court reiterated that ‘each state is free to act on its own’ in regulating sports betting,” the petition says. “But Kalshi has a different view. Kalshi bills itself as ‘the first app for legal sports betting in all 50 states’ and believes it can offer that legal sports betting without following the sports-gambling laws of any of those 50 states.”
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Both Squires and his predecessor, Coke Morgan Stewart, made it harder for filers to get in front of the PTAB, typically citing patent ages or court rulings.
In April, Interactive Games LLC, a unit of Cantor, sued DraftKings and Flutter Entertainment’s FanDuel, alleging the two largest domestic online sportsbook operators infringed on its patents. That suit arrived a decade after Interactive Games brought similar litigation against the sports wagering giants, which was challenged by both companies.
In the suit brought earlier this year, the Cantor unit accuses the two gaming companies of infringing on five of its patents and requested an undisclosed amount of financial damages.
How to play Blood Suckers Megaways
There will inevitably be imitators if swipe gaming establishes itself. Yashin welcomes that prospect, but believes any rivals would struggle to match the speed, creative output and trend-spotting capabilities that sit behind it.
“I think it would be good for us to have strong competitors,” he says. “Of course, you can copy the mechanic, you can copy the name and you can copy the theme of the video, but you cannot copy the creative itself.”
Every era of iGaming has been defined by a breakthrough format. Slots became the industry’s foundation. Live casino transformed realism. Crash games reshaped instant-play entertainment. Swipe Games believes the next defining category will not simply be another game – it will be a new way of playing.
