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A similar scenario is playing out on the back of the MLB index introduction. Both LeagueShares and RexShares filed plans for ETFs tied to the FutureSports MLB indexes.

If approved, the funds would hold baskets of the CME-traded derivatives. LeagueShares went a step further by adding a filing for 2x leveraged MLB futures funds.

“Of course there’s already a filing for daily leveraged futures baseball ETFs — which are basically the equivalent of a corked bat with eight holes drilled in the handle that’s been dipped in pine tar,” wrote Ben Johnson, head of client solutions at Morningstar, on X.

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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.

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.

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The AGA declined to comment Thursday, and directed iGB to the June letter.

The failure to secure passage of the bill is a stinging defeat for both crypto-connected prediction operators and the CFTC, which has fully embraced the advance of digital assets under Chairman Michael Selig. Interest groups and political action committees had spent countless hours and millions of dollars lobbying for the legislation.

In statements, op-eds and media interviews since his appointment, Selig had pounded the table for a federal crypto framework. As the IGA’s Bean alluded to, the Clarity Act would have given the agency a number of new duties and authorities related to the new assets at a time when the commission’s existing workload has been cause for concern. There are typically five sitting CFTC commissioners at any given time, but Selig is currently the lone sitting commissioner with no other nominations submitted.