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In June, Administrative Law Judge Joseph Meyer sided with the tribe, finding Minnesota Valley’s policies did not prohibit behind-the-meter generation and that disconnecting the casino would violate the cooperative’s obligation to provide service.
More than two dozen other Minnesota electric cooperatives subsequently backed the findings, agreeing that threatening disconnection over a non-exporting solar project violated core cooperative principles.
The PUC largely adopted Meyer’s recommendations, ruling that Minnesota Valley acted “unlawfully and unreasonably” by threatening the tribe.
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“During prosecution, the Examiner did not apply the material prior art or straightforward combinations presented here, which render every challenged claim obvious,” according to a DraftKings filing with the patent office.
Citing U.S. code, the gaming company is pushing for an inter parties review while requesting that the board find the 18 claims in question “unpatentable.”
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.
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“People look primarily at the instances where things go wrong for players; of course, every single one of those is one too many. But they don’t tend to look at the large number of people enjoying gambling.”
Holland Casino was one of the first operators out of the gate when the newly-minted market opened in 2021, and while they don’t have the position they occupied in those early days, the company’s online offering is healthy. When they launched online, Petra says “we were very well known for – and are very well known for – responsible gaming.
“That was the reason why we joined [online as well as land-based]. But we were a full brick-and-mortar company so it took us some time to prepare for that market. In the beginning, the market share was of course higher because you only had 10 operators and we had a very well-known brand name, but now the market is much bigger and you have operators more specialised in sports betting and things like that. We have dropped down a bit.”