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Patent squabbles, including those pertaining to geolocation services, aren’t unheard of in the online gaming space. How things shake out in the Cantor Fitzgerald/DraftKings spat remains to be seen, but it’s possible the deck is stacked against the gaming company.
The Commerce Department has jurisdiction over the USPTO, meaning Lutnick is the boss of the USPTO Director John Squires. Squires, who became 60th director of the USPTO a year ago, has been publicly effusive in his praise of Lutnick.
More relevant to DraftKings is the fact that under his leadership, the patent office has moved to significantly limit access to the Patent Trial and Appeal Board (PTAB) – the very board to which the gaming company is appealing in an effort to have the Cantor patent annulled.
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However, some media industry observers have questioned whether trading activity can reliably stand in for broader public opinion. There are also concerns among critics over the growing links between news organizations and prediction platforms.
At the same time, prediction market operators are facing regulatory tussles in the US. State regulators are moving to shut down the firms under gambling laws. The companies say their contracts should be regulated at the federal level as derivatives.
However, the sector has grown substantially despite such disputes. Bernstein predicted in April that annual prediction market volume could reach $1 trillion by 2030. The research estimated volume was around $51 billion in 2025 and could grow to around $240 billion in 2026.
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In January, Polymarket and Dow Jones announced an agreement that paved the way for event contract data to appear on various Dow Jones sites, including The Wall Street Journal. Dow Jones also owns Barron’s, Investor’s Business Daily and MarketWatch, among other media properties.
Polymarket also has marketing deals with Major League Baseball (MLB), Major League Soccer (MLS), the NHL and UFC.
While the Polymarket/Yahoo Finance situation is one of the earliest examples of a severed relationship between a prediction market operator and a media entity, that doesn’t mean those “divorces” will permeate the two industries.
