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– In the wake of a consequential ruling by the US Court of Appeals for the Ninth Circuit against Kalshi, two operators are taking separate paths in an effort to overturn the decision. On 28 August, the Ninth Circuit ruled in a 3-0 decision that sports event contracts do not qualify as federally regulated swaps under the Commodity Exchange Act. Earlier this week, Kalshi filed for an en banc re-hearing with the Ninth Circuit, this time before an 11-judge review. Robinhood, meanwhile, filed a petition of certiorari with the Supreme Court in a move to effectively bypass the Ninth Circuit. It is widely believed that a circuit split between the Ninth Circuit and a separate decision by the Third Circuit will prompt the Supreme Court to take up the case.
– Real App, a social sports app built around live play-by-play, named FanDuel as its first prediction market partner. The partnership brings FanDuel’s odds and contextual markets directly into the app’s live sports experience. Fanatics Sports & Casino is adding some upgrades to its Fair Play offering. Among the changes, Fanatics has added first-half injury protection for player props. The option proved to be valuable for fans in Wednesday’s opener when Seattle Seahawks quarterback Sam Darnold left the game after the team’s fifth offensive play.
– According to the American Gaming Association, an estimated $40 billion will be wagered on the NFL via prediction markets this year. Last week, on the first full day of the 2026 college football season, Kalshi reported nearly $250 million in trading activity on college football.
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Wiesbaden’s higher slot machine tax will stay in force after the Hessian Higher Administrative Court in Kassel upheld the city’s move to raise the rate from 5% to 7.5% from 1 January 2024.
According to the court’s statement, the judges rejected challenges from gaming hall operators and said the city’s public decision was legally sound.
The ruling preserved a revenue measure the city says was designed to bring in up to €1 million according to the court’s own summary.
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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.
