Federal Appeals Court Rules in Favor of Xpoint, Upholding Dismissal of GeoComply Patent Claim

US-Court-of-Appeals-for-the-Federal-Circuit-rules-in-favour-of-Xpoint-against-GeoComplyIn a significant ruling, the U.S. Court of Appeals for the Federal Circuit has upheld the dismissal of a patent infringement case brought by geolocation service provider GeoComply against its competitor, Xpoint. The dispute centered on allegations that Xpoint infringed on a GeoComply patent for a “geolocation engine,” which verifies a user’s physical location, essential for compliance in the U.S. online gaming market. This ruling, affirming the earlier decision by the Delaware District Court, allows Xpoint to continue expanding its presence in the geolocation technology sector.

GeoComply’s original lawsuit claimed that Xpoint’s services infringed upon its patented technology, asserting that Xpoint unlawfully replicated its methods for preventing location spoofing—a technique commonly used to bypass location restrictions on gambling platforms. The Delaware District Court had initially ruled against GeoComply, determining that the patent lacked the “inventive concept” necessary to uphold patent protection. Judge William C. Bryson’s dismissal emphasized that GeoComply’s approach relied on conventional programming methods and therefore did not meet the standards set by the Alice Corp. v. CLS Bank International decision for patent eligibility.

Court Finds GeoComply Patent Unqualified for Protection

The court’s decision centered on the two-step “Alice test,” a framework established by the 2014 Alice decision. This test first assesses if a patent embodies an abstract idea and, if so, examines whether it contains enough innovation to warrant protection. Judge Bryson ruled that GeoComply’s process of tracking device location fell short of this standard, citing it as an abstract concept applied through conventional geolocation techniques without substantial innovation. Consequently, the court determined GeoComply’s patent claims to be “meritless” and barred further litigation on these grounds.

Following this decision, Xpoint celebrated the outcome as a win for open-market competition in the geolocation industry. “We are pleased the court has ruled in our favor, affirming what we have maintained from the start: Xpoint has conducted its business legally and appropriately, and GeoComply has attempted to restrict competition through a patent that is invalid under U.S. law,” stated an Xpoint spokesperson. The company highlighted that this ruling underlines their commitment to fostering a competitive environment, stating that no single company should monopolize essential geolocation services.

GeoComply, however, expressed disappointment with the court’s judgment. The company emphasized its commitment to innovation, noting that its suite of products extends beyond a single patent. “Our cutting-edge suite of solutions has never been about a single patent; they are the result of our decade-plus experience, the expertise of our team, and our unrelenting focus on customer success,” GeoComply stated, emphasizing that it would continue to advance in the industry despite the unfavorable ruling.

Broader Implications for the Geolocation Industry

Xpoint’s victory in this legal dispute arrives at a time of expansion for the company, which has recently broadened its operations in the United States, securing licenses in 12 states and the District of Columbia earlier this year. This ruling strengthens Xpoint’s position as a competitive alternative to GeoComply in the geolocation compliance sector. The company stated that it would leverage this momentum to “pursue opportunities to create choice for gaming operators and improve the health of the industry,” further asserting its role in advancing geolocation technology.

GeoComply, well-established within the industry, provides compliance solutions to major platforms such as DraftKings and FanDuel, processing over 1.2 billion transactions each month. The company maintains a strong focus on reliability and scalability, with a claimed uptime exceeding 99.99% and a pass rate of over 99%. Despite the court’s decision, GeoComply remains resolute in its belief that its intellectual property warrants protection. “We respect the judicial process, but we stand firm in our belief that this specific innovation within our groundbreaking technology deserves protection from improper infringement,” the company stated, reaffirming its commitment to fair competition and innovation in the market.

This legal outcome reinforces the Federal Circuit’s stance on the strict application of the Alice test to patent claims involving digital processes. The decision signifies a notable precedent for the gaming industry’s geolocation services, potentially influencing how future patents in this domain are assessed. For now, Xpoint’s victory allows it to continue expanding its services and delivering cutting-edge solutions within the competitive geolocation technology space.

Source:

U.S. Court of Appeals for the Federal Circuit Rules in Favour of Xpoint Against GeoComply gamblinginsider.com, November 13, 2024.

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Colorado State Attorneys Ask Federal Court to Toss Tribal Sports Betting Lawsuit

State attorneys in Colorado have asked a federal court to dismiss a lawsuit filed by two federally recognized tribes challenging how sports betting was rolled out in The Centennial State.

Colorado sports betting Ute tribes
A patron at the Ute Mountain Casino Hotel Sportsbook places a wager. The Ute Mountain Ute and Southern Ute Indian tribes have sued the state of Colorado for how online sports betting debuted. (Image: Ute Mountain Casino Hotel)

In July, the Southern Ute Indian Tribe filed a lawsuit in Colorado’s US District Court on claims that the state and Gov. Jared Polis (D) failed to negotiate in good faith as required by the federal Indian Gaming Regulatory Act (IGRA). The Ute Mountain Ute Tribe joined the case in September.

The lawsuit challenges how Polis and the Colorado Division of Gaming finalized the state’s sports betting regulations after voters authorized sports gambling during a 2019 statewide referendum.

“The Tribes’ position is substantively incorrect,” the state’s filing read. “However, this Court need not address the merits of this case because it lacks subject matter jurisdiction over the Tribes’ claims and the Tribes fail to state a claim.”

The tribes allege they were kept in the dark about the state deciding not to expand their Class III gaming compacts to include online sports betting. The sovereign nations say they received cease-and-desist letters from the state gaming agency in June 2020 — a month after commercial mobile sportsbooks went live — ordering them to yank their online sports betting platforms. 

State Seeks Dismissal

When Colorado’s online sportsbooks regulated by the Gaming Division took their first wagers in May 2020, so did the mobile Sky Ute Sportsbook. The following month, as the Ute Mountain Ute Tribe was readying to launch its mobile sports wagering operation, the state threatened to revoke the operator licenses of the tribes’ sportsbook partners, US Bookmaking and IGT.

The state told the tribes that while their Class III gaming compacts expanded to include retail sports betting privileges following the 2019 referendum, the constitutional amendment didn’t expand tribal gaming to the internet.

As the Tribes argue that they have a sovereignty interest in their right to control gaming on Indian lands, so too does the State possess a sovereignty interest in the ability to regulate sports betting in Colorado,” the motion to dismiss continued.

The tribes believe the state wants to reap as much revenue from sports betting as possible. And since their Class III gaming compacts don’t include revenue-sharing provisions, a rarity among states that have entered into compacts with their tribal nations, allowing online tribal sportsbooks would presumably cut into the state’s windfall.

State officials told the tribes that they could only operate online sportsbooks if they agreed to share 10% of the sports betting revenue with the state. Another condition was agreeing to have their online sports betting platforms regulated by the Gaming Division.

The tribes say they tried to engage in discussions with the state before the rollout of online commercial sportsbooks but those requests went unfulfilled.

The Sky Ute Casino Resort shuttered its retail sportsbook in July 2023 after determining the operation to be unfruitful. A retail book remains at the Ute Mountain Casino Hotel.

Seminole Repercussions

The crux of the Colorado tribes’ lawsuit seems to hang on a recent federal ruling in Florida that concluded the Seminole Tribe’s running of an online sportsbook doesn’t violate the IGRA so long as the tribe’s internet sportsbook computer servers remain on the tribe’s sovereign land.

The Southern Ute and Ute Mountain Ute tribes seek financial damages and for the court to declare that their compacts provide online sportsbook privileges.

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Loterj Operators Secured by Court Ruling Amid Federal Betting Regulations

Brazil-court-confirms-Rio-Loterj-licensees-can-remain-active-without-a-federal-licenceIn response to new federal betting regulations, the Brazilian government implemented significant changes in September with the introduction of Normative Ordinance No 1,475. This ordinance allowed only operators who had already applied for a federal betting license and were actively operating to continue doing so until the official launch of the regulated market on January 1, 2025. The deadline for submitting license applications passed on September 30, prompting a wave of last-minute submissions from businesses hoping to remain compliant.

A total of 182 applications were submitted via Brazil’s Sigap betting management system by the deadline. However, one submission, from Tecnologia e Desenvolvimento Ltda, was entered after the deadline, leaving it potentially vulnerable to the upcoming regulations.

Concerns Raised by State Lottery-Licensed Brands

The new federal rules sparked concerns among operators licensed under state lotteries like Loterj, the Rio de Janeiro State Lottery. These brands worried about their ability to continue operating beyond the October 1 deadline without a federal license. Fortunately for them, a ruling from Brazil’s Supreme Federal Court (STF) on October 1 provided a crucial exemption, protecting Loterj operators from the consequences of missing the federal deadline.

Federal judge Antônio Cláudio Macedo da Silva criticized the federal regulations for conflicting with Loterj’s Accreditation Notice 001/2023. This notice, which permits accredited entities to operate public lottery services for up to five years, was deemed incompatible with the federal ordinances regarding the advertisement and banning of unlicensed betting websites.

Loterj Operators Exempt from Federal Regulations

According to the court’s injunction, Loterj license holders retain “broad and unrestricted rights” to continue offering fixed-odds online betting. This exemption applies as long as their bettors are in Rio de Janeiro. The court found that the federal ordinances extended beyond the scope of federal jurisdiction and interfered with the regulatory authority of Brazil’s states. In his ruling, Judge Macedo da Silva stated that the ordinances violate Law No 13,756/2018, which supports the legality of previous legal acts, thus protecting Loterj operators from federal restrictions.

This decision was largely influenced by a previous ruling in 2020 that declared the federal monopoly on lotteries unconstitutional. The ruling permitted individual states and federal districts to establish their own lotteries, subsequently allowing operators in states like Rio de Janeiro to run sports betting under state licenses.

Previous Court Decisions Shape the Current Landscape

The STF’s 2020 ruling had already set a precedent for state-run lotteries like Loterj, deeming the federal lottery monopoly unconstitutional. Sports betting, which falls under the broader category of lottery games in Federal Law No 13,756/2018, has since been allowed under Loterj state licenses. This gave operators within Rio de Janeiro and other regions like Paraná the ability to offer sports betting under local jurisdiction.

Local legal experts, including Eduardo Carvalhaes and Karen Coutinho from Lefosse, expressed confidence that state-licensed operators would remain unaffected by the new federal restrictions. They explained that operators authorized under state licenses, such as Loterj, should continue their operations unhindered, even as unlicensed betting sites face new federal limitations.

Federal Injunction Secures Loterj’s Rights

In the days leading up to October 1, Loterj filed a lawsuit in federal court to prevent the blocking or banning of sportsbooks authorized within Rio de Janeiro. This legal challenge, aimed at the Ministry of Finance’s Prizes and Betting Secretariat, sought to overturn federal Ordinances No 1,225, 1,231, and 1,475, which imposed strict rules on advertising and site operation for unlicensed operators.

Loterj argued that these ordinances interfered with its regulatory authority by blocking sportsbooks that had not applied for federal licenses. In its writ of mandamus, Loterj emphasized the legality and regularity of its licensees’ operations within Rio de Janeiro, asserting that the federal government lacked the authority to prevent these operators from advertising or continuing to offer services.

Judge Macedo da Silva sided with Loterj, issuing an injunction that suspended the effects of the federal ordinances within Rio de Janeiro. His ruling ensured that Loterj operators could continue offering fixed-odds betting online without the need for dual accreditation from the federal government.

The court’s decision also clarified that bettors must declare that all wagers are placed within the state of Rio de Janeiro for taxation and legal purposes. With this ruling, Loterj operators can continue advertising their services and sponsoring events across Brazil, free from the penalties imposed by federal regulations.

Source:

Loterj gets injunction in defense of ‘Bets’ operating in Rio without requesting a federal license“, gamesbras.com, October 1, 2024.

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Senate Bill Proposes Ending U.S. Federal Excise Tax on Sports Betting

Bill-to-repeal-US-gambling-excise-tax-filed_In a significant legislative development, Senators Catherine Cortez Masto of Nevada and Cindy Hyde-Smith of Mississippi have introduced a new bill aiming to repeal the longstanding 0.25% federal excise tax on sports betting handle.

This bipartisan effort is backed by a coalition of lawmakers from both parties and chambers, marking a renewed push to eliminate a tax many see as outdated and detrimental to the legal sports betting industry. The proposed legislation, known as the Withdrawing Arduous Gaming Excise Rates (WAGER) Act, seeks to align with an existing bill in the House authored by Representatives Dina Titus and Guy Reschenthaler.

The Push for Repeal

Senator Cortez Masto emphasized the importance of removing the federal excise tax, citing Nevada’s thriving sports betting industry as a model for how legal gambling can significantly benefit local economies. “Nevada is home to multiple championship-level sports teams, and we know better than anyone that responsible, legal sports betting can be a great revenue source for our local economy,” said Cortez Masto. “My bipartisan legislation will ensure our sports gaming industry can provide essential tax relief to consumers and our sports gaming industry, creating more jobs and keeping our tax money in the state while cracking down on illegal activities.”

Senator Hyde-Smith echoed these sentiments, highlighting the negative impact of the tax on Mississippi’s tourism-driven economy. “Mississippi has a strong tourism industry thanks, in part, to our beautiful casinos and resorts that make valuable contributions to local communities. They could do more if not for this outdated federal excise tax on sports betting that only benefits illegal offshore operations which provide zero jobs or tax revenue,” Hyde-Smith stated. “By repealing this tax, our bipartisan WAGER Act will level the playing field, boost local economies, and ensure that gaming revenues stay here, supporting jobs and community investments.”

Industry Support and Opposition

The American Gaming Association (AGA), a major trade group representing the gaming industry, has expressed strong support for the WAGER Act [pdf]. The AGA argues that the excise tax, initially established over 70 years ago to combat illegal gambling operations, now places legal operators at a competitive disadvantage. “The AGA is grateful to Senators Cortez Masto and Hyde-Smith for their commitment to providing a safe, responsible sports betting market and to continuing to help migrate bettors out of the illegal market, which is bereft of consumer protections and a haven for bad actors and tax evaders,” commented Bill Miller, CEO and President of the AGA. “The AGA will continue to work with policymakers to enact legislation to address this harmful tax.”

Industry insiders have long criticized the excise tax as an unnecessary burden on legal operators, who are already subject to state regulations and taxes. Brandt Iden, Vice President of Government Affairs at Fanatics Betting & Gaming, stated, “This tax has always penalised regulated operators and rewarded illegal operators who prey on consumers. Repealing this tax is one more step in the fight against the offshore market.”

Competing Legislation

While the WAGER Act has garnered considerable support, it faces competition from another piece of legislation introduced earlier this year. The Gambling Addiction Recovery, Investment, and Treatment (GRIT) Act, proposed by Senator Richard Blumenthal and Representative Andrea Salinas, seeks to maintain the excise tax but redirect its revenue towards responsible gambling initiatives and problem gambling treatment. This bill aims to leverage federal oversight to enhance responsible gambling efforts across the nation, in contrast to the state-level approaches currently in place.

Proponents of the GRIT Act argue that federal involvement is necessary to ensure consistent support for gambling addiction programs. However, opponents believe that the responsibility should remain with individual states, which have their own funding mechanisms for responsible gambling initiatives.

The Road Ahead

The debate over the federal excise tax highlights broader questions about the role of federal oversight in the rapidly evolving landscape of sports betting and iGaming. Since the repeal of PASPA in 2018, sports betting has become a significant industry, with 38 states and Washington, D.C., now offering legal wagering. The push for repeal reflects a growing recognition that state-level regulation is sufficient and that federal taxes may impede the industry’s growth and innovation.

The current excise tax, which amounts to approximately an additional 5% tax on gross gaming revenue, is seen by many as an unnecessary hindrance. Brendan Bussmann, a consultant in the gaming industry, noted, “By eliminating the excise tax, we can help lower the tax burden that every sports betting operator pays. It helps create a more competitive market against the illegal operators that do not pay state or federal taxes.”

In addition to the excise tax on wagers, the federal law also includes a $50 “head tax” on gambling employees, further complicating the financial landscape for legal operators.

Source:

Bill to repeal US gambling excise tax filed, igamingbusiness.com, July 31, 2024.

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Spain Appoints Urbiola as Dedicated Minister for Federal Gambling Reforms

Spain-appoints-Urbiola-as-‘dedicated-minister-of-federal-gambling-reformsThe Council of Ministers of Spain has appointed Andrés Barragán Urbiola as Secretary General of Consumption and Gaming. In this role, Urbiola will oversee Spain’s ongoing federal overhaul of gambling laws, a directive led by the Ministry of Consumer Affairs. This appointment is part of a broader strategy to strengthen the regulation and safety of Spain’s gambling sector.

Leadership and Legislative Reforms

Pablo Bustinduy, Spain’s Minister of Consumer Affairs and Social Rights, advocated the need for a dedicated minister to oversee gambling reforms. Bustinduy has assumed the remit of gambling reforms from his predecessor, Alberto Garzon, who chose not to serve in Spain’s new ‘progressive left’ coalition government.

Since 2020, under Garzon’s leadership, Spain has undertaken a significant reorganization of its gambling laws, focusing on unified standards and centralized controls for both online and land-based gambling. Key among these reforms was the “Royal Decree on Gambling Advertising,” which reshaped the gambling landscape by banning betting sponsorships and restricting gambling advertisements to late-night hours.

In 2023, Garzon introduced the “Royal Decree on Responsible Gaming Environments,” preparing the Spanish gambling industry for additional changes. These include the implementation of a centralized player registry and the mandatory documentation of risk profiles for younger consumers, particularly those under 25.

Strategic Appointment

Appointing Urbiola as Secretary General of Consumption and Gaming is a strategic move by Spain’s government to continue its rigorous overhaul of gambling laws. Urbiola, who has a strong background in economic policy and financial analysis, was personally selected by Bustinduy to lead the federal reforms for the gambling sector.

Urbiola brings diverse experience from his tenure at the Ministry of Economy, Commerce, and Business, where he played a pivotal role in designing support measures for companies during the pandemic and planning Spain’s Transformation and Resilience Recovery Plan. His expertise in economic strategy and policy development makes him well-suited to navigate the complexities of gambling reform.

Focus on Compliance and Safety

As Secretary General, Urbiola’s primary focus will be on implementing and enhancing the measures laid out in recent decrees. By 2024, he aims to ensure that Spanish gambling operators comply with some of the strictest regulations in Europe. This includes strict adherence to advertising restrictions and robust mechanisms to protect younger and vulnerable consumers from gambling-related harms.

The appointment underscores Spain’s commitment to fostering a safer gambling environment and addressing gambling addiction challenges. It aligns with the new Action Plan on Addictions for 2025-2028, which Bustinduy will lead, focusing on comprehensive strategies to mitigate the risks associated with gambling.

Source:

Spain appoints Urbiola as ‘dedicated minister’ of federal gambling reforms, SBC News, June 25, 2024.

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