Feature

Gambling on Patentable Subject Matter

The Intersection of Daily Fantasy Sports and Patent Litigation

Nikki Little

©2016. Published in Landslide, Vol. 9, No. 2, November/December 2016, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

If you watched any National Football League (NFL) football last fall, or even just accidentally flipped past a game when channel surfing, chances are you saw a FanDuel or DraftKings commercial. One source estimates that in the opening month of the 2015 NFL season alone, these two companies spent an approximate combined $64 million on advertisements during NFL broadcasts, and over the course of the 2015 NFL season, they ran television advertisements an inundating 62,440 times.1 The reach of these two competitors extends beyond NFL football as well. For instance, DraftKings now has “Fantasy Sports Zones” at venues such as L.A.’s Staples Center, the Dallas Cowboys’ AT&T Stadium, and the Chicago Cubs’ Wrigley Field, and both companies tout ventures with Major League Baseball, Major League Soccer, and the National Hockey League, among others.

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