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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New Online Gambling Deposit Rules in the Netherlands Starting October 2024

Online-deposit-limits-come-into-force-in-NetherlandsAs of October 1, 2024, Dutch online gamblers are subject to a new set of stringent deposit rules to promote responsible gambling. The measures are part of the Netherlands’ ongoing efforts to ensure player protection, particularly focusing on deposit limits and encouraging self-awareness among players about their gambling behavior.

The newly introduced rules include strict thresholds on monthly deposits, particularly limiting the net deposit amounts players can make. For adults, the limit is set at €700 per calendar month, while for young adults aged 18 to 25, this threshold is significantly lower at €300. Once a player reaches these limits, they are temporarily barred from making further deposits until the start of the next calendar month. These automatic resets aim to prevent overspending and reduce gambling-related risks.

New Rules on Setting Personal Deposit Limits

In addition to the mandatory deposit thresholds, the new regulations require that players set personal deposit limits when registering with an online casino. If a player attempts to set a limit higher than €350 per month (or €150 for young adults), they must engage in a mandatory contact moment with the operator. This interaction, conducted via phone or chat, serves to inform players about the risks of excessive gambling and to direct them to available resources for support, such as the national self-exclusion system, Crucks.

Players who exceed their deposit limits will also encounter pop-up notifications that provide real-time feedback on their gambling behavior. These messages, appearing every 30 minutes during gameplay, remind them how long they have been playing and indicate when they are halfway to their pre-set limit. The regulations are designed to raise awareness of responsible gaming practices and promote safer gambling experiences for all users.

For those who wish to increase their deposit limits beyond the established threshold, proof of financial stability is required. Players can share income statements with operators to verify their ability to manage higher spending limits, with a general guideline being that players can deposit up to 30% of their net income. However, this is not a mandatory process—players can wait until the start of the next month to reset their limits.

Industry Response and Impact on Operators

The Dutch gambling trade association, VNLOK, has voiced its support for the new measures, emphasizing their role in ensuring a safer gambling environment. “VNLOK members have already taken extra-legal measures to provide additional protection for players,” said VNLOK chair Helma Lodders, pointing to previous efforts such as the Online Gambling Advertising Code and stricter limits for young adults. According to Lodders, these measures align with VNLOK’s goal of maintaining a responsible and regulated market.

However, concerns have been raised by industry experts regarding the potential financial strain these regulations might place on operators. Gambling lawyer Alan Littler warned that the increased operational costs associated with implementing these rules, alongside the anticipated decline in consumer spending, could make it more challenging for companies to do business in the Dutch market.

Adding to this, the Dutch government has approved a series of tax hikes for gambling operators, with the gambling tax rate set to rise from 30.5% to 34.2% in 2025 and reaching 37.3% by January 2026. This additional financial burden, combined with tighter regulations, has raised fears that some players may turn to illegal gambling sites that do not adhere to such strict guidelines. VNLOK also acknowledged this concern, with Lodders stating, “Well-intentioned measures can thus have a counterproductive effect,” pointing out that over-regulation may lead to the unintended consequence of driving consumers to unlicensed platforms.

Future Regulatory Changes on the Horizon

Looking ahead, the current Dutch Remote Gambling Act is undergoing an evaluation by the country’s gaming regulator, Kansspelautoriteit (KSA), which is expected to conclude by the end of October. This review will assess the effectiveness of the existing laws and could lead to further amendments. Depending on the findings, additional regulatory changes may be introduced, raising concerns about their implications for both operators and players.

Meanwhile, several companies in the Netherlands gambling sector are developing solutions to help operators comply with these new rules. For example, I-Finance Services has introduced an Affordability Check tool to verify players’ income data, and Bluem launched its Budget Check system, which allows for income verification without giving casinos full access to players’ financial accounts. Trustly has also announced plans for a KYC solution to assist online casinos in adhering to the new regulations.

Source:
VNLOK, vnlok.nl, October 1, 2024.

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Another Judge Rules That Pennsylvania Skill Games are Legal in the Commonwealth

another_judge_rules_that_pennsylvania_skill_games_are_legal_in_the_commonwealthFor nearly a decade now, judge after judge has ruled that Pennsylvania skill games known by the Pace-O-Matic name are legal in the commonwealth. yet prosecutors and agents of the Pennsylvania Bureau of Liquor Control and Enforcement (BLCE) seem hell-bent on finding a jurist who will take their side in the matter of “Chance v. Skill” and stand behind the authorities when they raid a local gathering place and seize the machines and any cash or collateral equipment associated with them.

So far, Pace-O-Matic’s Skill Games have been found to be legal in the state by rulings in the following courts: Beaver, Dauphin, Monroe, and York counties. Clearfield County and Delaware County reviewed the law itself and case law as created by those decisions and returned seized games without the need to go to trial and determine the facts for themselves.

Games Deemed Legal Since 2014

The Beaver County Court of Common Pleas ruling that Pace-O-Matic’s Pennsylvania Skill games are legal and games of predominant skill have stood since 2014 (ruling .PDF)

Once again a judge has ruled in favor of game providers. This time in Monroe County where the DA’s office and the BLCE carried out a raid on a small business there in 2022 and held the devices in a secure location until the gambit played out in court – again. Judge Mark said in his recent ruling that the gaming “devices are games of skill and not games of chance.”

In the same county earlier this year, prosecutors caught an earful from Monroe County Common Pleas Judge Jennifer Harlacher Sibum who scolded them for not only prosecuting non-criminal behavior but for misconduct in the investigation and prosecutions themselves. In fact, she used the withholding of crucial evidence and misrepresentation of evidence by the prosecution side of the equation as reason to suppress the actual evidence from a court hearing as the case was dismissed.

The court finds that the Commonwealth improperly withheld and misrepresented material evidence relative to the issuance of the search warrant in this matter and that such conduct warrants the suppression of the seized property,” wrote Judge Sibum in her order dismissing the charges and ordering the return of the machines, cash, and other instruments to the rightful owners.

According to a report on G3 Newswire, Wednesday judges in York County and Dauphin County have ruled against prosecutors and the BLCE in other cases this year as well.

Pace-O-Matic got its machines, cash, and related equipment back from prosecutors in York County after it was improperly seized by the Bureau earlier in 2023. In Dauphin County, the “L” was chalked up to prosecutors there, and the “W” for POM.

In that case, Dauphin County Common Pleas Judge Andrew H. Dowling wrote, “Initially, it is this Court’s belief that the Commonwealth’s investigation shows case bias. The Commonwealth is seeking to make all machines like the POM Machines into illegal gambling devices, and their whole approach and intent is to shut down games regardless of the actual gameplay… Thus, the Commonwealth as a whole is biased against the games, and their approach lacks case credibility.

Pace-O-Matic lawyer, Matthew Haverstick of Kleinbard, LLC, stated: “Pace-O-Matic’s Pennsylvania Skill games are legal. The Commonwealth has wrongfully seized its equipment for years with no credible evidence that the games are illegal. Judges are now carefully looking at the evidence and ruling in our favor.

Mike Barley, Chief Public Affairs Officer for the company added, “Again, another Pennsylvania court has found that Pennsylvania Skill games, powered by Pace-O-Matic, are legal games of predominant skill. With the legality of our games upheld repeatedly, we are eager to work with the Legislature to pass legislation that will fairly regulate and tax the skill game industry. In fact, Pace-O-Matic stands out among our competitors as the active driving force seeking additional regulation and taxation.

Pennsylvania Skill games are manufactured in the commonwealth and 90% of the profit generated from them reportedly stays inside the state. Earlier reports claim to show that “real casino” businesses are not cannibalized by play on the devices as those seeking to spend a few dollars for entertainment with potential prizes on the games visit a neighborhood mom-and-pop grocer or other stores, another nearby small business, a favorite fraternal or social club, the local volunteer fire company or a veterans’ organization without the need to plan travel, overnight accommodations, or even to plan any form of major budget expenditures.

The Same or Similar Games have been Banned by Law in Kentucky Since March 2023

The games do not enjoy the same standing in Kentucky where they were recently codified into law as unregulated and illegal.

Pennsylvania casino and lottery revenues have continued to grow year in and year out as the skill games find their way into more and more locations giving at least anecdotal evidence to advocate’s claims that it is a totally different clientele than would be found looking for flashing lights, bells and whistles, and big jackpots.

Sen. Gene Yaw who serves as Vice Chair on the Judiciary Committee in Harrisburg has introduced legislation that would tax the machines and reportedly provide some $300m a year in revenue to the commonwealth while regulating the games as well.

As part of most press releases from the company, POM often mentions that it “employs a team of former state police officers to enforce all terms of contracts and codes of conduct. These contracted terms limit the number of machines, where they are placed in a location and have protections in place to prevent anyone underage from playing the devices.

Source:Judge rules that Pennsylvania Skill games are ‘devices of skill’, G3Newswire, June 7, 2023

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SZTFH Decree Massages Hungary’s Online Betting Operator Rules

sztfh_decree_massages_hungarys_online_betting_operator_rulesWith a ruling party super-majority in the Parliament of Hungary, simply pulling the levers of powers should be enough to move any desired legislation through the political process in a normal and legal manner. However, for well over 2,500 days now the government has used that absolute majority to do some things without transparent debate or utilizing other hallmarks of liberal democracy – instead relying on simple decrees to accomplish the State’s business.

That’s not to say that the emergency powers completely constipate the government, as can be seen in the online gambling industry through the lens of the country’s Gambling Act – something Hungary has been “trying to get right” since the Court of Justice of the European Union (CJEU) issued rulings in 2016 and in 2017 which should encourage the government to come into compliance not to infringe the freedom to provide services (Article 56 TFEU) or grant non-competitive concessions.

The Supervisory Authority for Regulatory Affairs (SZTFH) has recently issued a decree implementing minor changes to allow amendments to the country’s Gambling Act to function more fairly or efficiently.

Technical Clarifications, Fees

Operators who wish to offer online sportsbetting there must meet certain financial requirements and prove up at least five years of experience offering licensed online gambling services in a European Economic Area state. Any operator who has offered unlicensed gaming within five years of the dated application will be rejected from consideration for a license.

In an attempt to protect bettors from harm, operators will be able to offer early cashouts on sports betting wins but the operator must warn the player about the immediate gratification of such an action as it could contribute to gambling addiction.

The decree reads: “The gambling operator is obliged to expressly draw the player’s attention to the fact that the use of this function entails an increased risk of excessive gambling and addiction and this information shall appear in the text of promotion in the same font size as the text.”

It continues: “The gambling operator shall also make available to the player on the gambling website the information that the use of that function entails an increased risk of excessive gambling and addiction.”

In order to facilitate early cashouts bettors will now be allowed to have segmented account balances rather than one master balance.

Early cashouts are subject to any regular terms and conditions of other withdrawals.

Recent History of Changes

Early last year, legislation was introduced to help Hungary come into compliance with anti-monopoly measures that should promote a more free and open market as many nearby EU states have done. At the dawn of 2023, several conditions or technical changes were made that could apply to casino operators as well as sports betting providers.

However, none of the changes loosen the hold on remote casino licenses that are still tethered directly to the three main land-based operators. While the CJEU ruled in Unibet’s favor in 2016, ostensibly opening the door to other European online casino operators, the land-based casinos can be declared a priority of national economic interest. This allowed budget items in the 2021 work sessions to grant 35-year extensions to the casino licensees without a public tender process.

The workaround used, according to local democracy watchdogs was to re-allocate the concessions as at least half of the original concession period had come to pass. This was purported to assure the state continuity in revenues for the long term.

A government-connected stakeholder in Las Vegas Casino group is operated by Diamond Játékaszinó Üzemeltet? Kft. (LVC Diamond), the most important urban casino operator was originally granted a concession in 2015 that was set to expire in 2024 but now extends to 2056.

Our research does not find any mechanism in legislative accomplishments or decrees that would untether online casino licenses in Hungary from land-based operator licenses so it would appear as if at least one operator is locked in.

The LVC Diamond properties include The Atlantis, Atrium Eurocenter, Corvin Promenade, Sofitel, and Tropicana casinos.

Tax Authority Retaliated Against Operator for Lawsuit

One thing the Unibet lawsuit did accomplish was to tease out a CJEU ruling that recognizes Hungary’s online gambling rules did not allow the taxing authority to take retaliatory actions against other EU-licensed operators as it did in response to Unibet filing suit. Those actions included ordering ISPs to block access to the site and the levying of fines against the operator and its parent company, Kindred Group.

In short, while the process for licensing land-based casinos and thus their tethered counterparts online may not be in line with EU standards, there isn’t much, if anything standing in the way of a Malta Gaming Authority-licensed casino offering services there.

So far, SZTFH has not authorized any foreign operators to offer sports betting with all regulated consumer traffic still flowing through Tippmixpro.hu – operated by the former and still a de facto monopoly of Szerencsejáték Zrt.

Source: Hungary regulator implements new Gambling Act amendments, iGaming Business, March 29, 2023

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