San Quentin 2 Death Row

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DraftKings is requesting that a panel of the U.S. Patent and Trademark Office (USPTO) nullify a patent that trading house Cantor Fitzgerald says the gaming company copied for its benefit.

U.S. Patent No. 12,406,284, which lists Commerce Secretary and former Cantor CEO Howard Lutnick as its primary inventor, covers geolocation technology commonly used in sports betting.

Geolocation services, which are typically purchased through third-party vendors, are used by sportsbook operators to ensure that their clients are placing wagers from jurisdictions in which sports wagering is legal.

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That is because trading on prediction markets is illegal down under, according to the Australian Securities and Investment Commission, the nation’s regulator on financial services. Last month, in perhaps the ASIC’s strongest warnings yet against the asset class, the commission reiterated that prediction markets are not licensed as financial markets to operate in Australia. Through the guidance, the regulator urged consumers to exercise caution before partaking in certain investments on offshore platforms which have not obtained licensing nationwide.

The advisory could be music to the ears of NFL Commissioner Roger Goodell, whose league has pushed a federal derivatives regulator in the US to enact more rigorous standards to help protect the integrity of professional sports. Ahead of the matchup, Goodell spoke with CNBC from Melbourne.

“We think there needs to be stronger regulations into the predictive markets,” he said. “We want to see that to protect the integrity of our game – we want to make sure we are protecting the consumers that are on those platforms.”

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For the right audience, likely professional traders and sophisticated retail investors, the CME futures on FutureSports indexes could amount to “Goldilocks” offerings because the derivatives aren’t standard sports bets nor are they carbon copies of the event contracts traded on prediction markets.

The MLB and NHL futures contracts could be deployed by big-money bettors as hedges on various team exposures over the course of those leagues’ seasons.

As for the regulatory outlooks for the ETFs, the SEC hasn’t publicly commented on the NHL funds’ fates and it’s too early to tell what will come of the MLB filings, but there are hundreds of futures-based ETFs on the market today.