Winview, a division of Engine Media gaming company, has filed a copyright infringement lawsuit in New Jersey July 7 against DraftKings. The suit alleges infringements of two patents dealing with sports betting functions.
The company argued its patents cover online sports betting mechanisms used by DraftKings, including geolocation and equalizing latency. The second one ensures customers see the same odds.
“An individual in New Jersey using a satellite dish network may experience a three second delay compared to an individual in California using a cable network. Recognizing that these latencies need to be accommodated to maintain user enjoyment and fairness for all participants, the inventors described and claimed technical solutions to these problems,” the lawsuit contends.
DraftKings uses similar steps, the suit claims.
Winview seeks damages and “other appropriate relief.”
Industry consultant Joe Brennan said the patent relates to the feed of an event not the event. DraftKings could counter that its markets rely on the event itself, thus the infringement is not valid.
“That’s the fundamental truth,” Brennan told Legal Sports Report. “Due to the latency of the TV broadcast, if a betting operator was basing their markets on what they see on TV, they would get past-posted.”
The two patents are part of a portfolio of 80 Winview holds in the U.S., many related to mobile sports betting and online gaming.