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US – Colossus Bets warns of ‘implications for entire gaming industry’ after filing DraftKings lawsuit

By - 2 December 2021

Colossus Bets has filed a patent infringement suit against DraftKings in the United States District Court for the District of Delaware.

The suit relates to infringement of seven patents, covering sports betting and gaming products that incorporate a Cash Out feature.

As part of the suit, Colossus contends to have an extensive patent portfolio globally on sports bets and games incorporating Cash Out, including whether or not the Cash Out feature is used by the player.

The lawsuit in the US against DraftKings signals Colossus’ ‘broader intention to defend its intellectual property’, and follows the initiation of similar proceedings against Tabcorp in Australia. Global law firm DLA Piper represents the company in the litigation as well as all patent-related matters.

Colossus says it first notified DraftKings of its patent rights in 2018 and has since provided numerous notices of ongoing infringement. Regarding the decision to file suit, Bernard Marantelli, Founder of Colossus Bets and inventor of the patents-in-suit, stated: “We attempted to resolve this amicably and we gave them ample opportunity to do so.”

Because DraftKings has continued offering its products despite repeated notices of infringement, Colossus is seeking to recover all damages available by law, including increased damages for wilful and deliberate infringement. Given the scope of Colossus’ patent portfolio, this could have implications for the entire gaming industry and multi-billion US market.

Mr. Marantelli added: “We take our intellectual property very seriously. This is the next step towards protecting our rights and income across the industry in the US.”

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