Untitled case

WinView IP Holdings, LLC has initiated a patent infringement lawsuit against DraftKings Inc. and several of its affiliated entities, including DK Crown Holdings Inc., Crown Gaming Inc., SBTech US Inc., and SBTech (Global) Ltd. in the U.S. District Court for the District of New Jersey. WinView IP Holdings, LLC operates as a patent assertion entity (PAE) or non-practicing entity (NPE), as it claims to not have licensed or sold any products embodying the asserted patents. DraftKings and its co-defendants are prominent players in the online sports betting and daily fantasy sports industry.

The core of the dispute revolves around DraftKings' various gaming offerings and related mobile applications, specifically naming DraftKings Sportsbook and Casino, DraftKings Casino, DK Horse, iGaming, Daily Fantasy, and Pick6, as the accused infringing products. The litigation asserts infringement of multiple patents, with U.S. Patent No. 12,005,349 being among those at issue. This patent generally pertains to systems and methods for determining a plurality of competitive groups based on user eligibility. This involves analyzing real-time data such as user skill level, geographic location, and specific content eligibility to ensure users are appropriately grouped for competitive play. The asserted patents, in general, claim "transformative advancements in distributed gaming and mobile technology, including real-time bookmaking, geographic integration, specific solutions to manage simultaneous contest participation, and mechanisms to ensure fairness and compliance with state laws."

Filed on February 10, 2025, as Civil Action No. 3:25-cv-01143, the case is currently pending in the District of New Jersey. The plaintiff has requested a jury trial. The choice of the District of New Jersey as a venue is notable given DraftKings' significant operational presence and licensing in the state through entities like Crown Gaming, which holds New Jersey licenses. This case is significant due to the high profile of DraftKings in the burgeoning online gambling industry and the potential implications for how real-time, competitive online gaming platforms are structured and managed.

Here's a summary of the key legal developments and current posture for the patent infringement litigation case 3:25-cv-01143 in the New Jersey District Court, concerning patent 12005349:

Case Caption: WinView IP Holdings, LLC v. DraftKings Inc., et al.
Case Number: 3:25-cv-01143
Court: U.S. District Court for the District of New Jersey
Patents at Issue: United States Patent No. 12,005,349, along with 11,338,189 and 11,380,020, among others.

Key Legal Developments:

• Filing & Initial Pleadings:

  • Complaint Filed (2025-02-10): Plaintiff WinView IP Holdings, LLC, filed a complaint for patent infringement against DraftKings Inc., DK Crown Holdings Inc., Crown Gaming Inc., SBTech US Inc., and SBTech (Global) Ltd. The complaint alleges that DraftKings has infringed and continues to infringe the asserted patents through its websites and related software, products, and services. WinView claims to be the owner by assignment of the patents at issue, including U.S. Patent No. 12,005,349.

• Further Developments:

  • As of May 29, 2026, the case is relatively new, having been filed in February 2025. Comprehensive information regarding subsequent pleadings (answers, counterclaims), pre-trial motions, claim construction, discovery milestones, or trial events is not publicly available from the provided search results beyond the initial complaint. Access to the full PACER docket would be necessary for more detailed, real-time updates on these stages.

• Parallel PTAB IPR/PGR Proceedings:

  • A search of public records for PTAB IPR/PGR proceedings specifically for U.S. Patent No. 12,005,349 did not yield any active or completed challenges at the Patent Trial and Appeal Board (PTAB) as of the current date. It is possible that petitions have not yet been filed, or if filed, are not immediately discoverable through general web searches and would require direct access to the USPTO's P-TACTS system to confirm definitively.

Outcome/Present Posture:

• The case 3:25-cv-01143 is currently active in the U.S. District Court for the District of New Jersey. No final judgment, settlement, or dismissal has been publicly reported in the provided search results. Without direct PACER access, the precise current posture beyond the initial filing remains undetermined.

Here is the counsel of record representing the plaintiff, WinView IP Holdings, LLC, in case 3:25-cv-01143:

Kramer Levin Naftalis & Frankel LLP

• Jonathan S. Caplan
  • Role: Lead Counsel
  • Firm & Office Location: Kramer Levin Naftalis & Frankel LLP, New York, NY
  • Relevant Experience: Jonathan Caplan is a partner at Kramer Levin and co-chair of their Intellectual Property department, focusing on patent litigation, trade secret, and other intellectual property disputes. His experience spans various technologies, including software, electronics, and pharmaceuticals.
• Aaron Frankel
  • Role: Lead Counsel (pro hac vice to be filed)
  • Firm & Office Location: Kramer Levin Naftalis & Frankel LLP, New York, NY
  • Relevant Experience: Aaron Frankel is a partner in Kramer Levin's Intellectual Property group, concentrating on patent litigation across diverse industries such as software, medical devices, and consumer electronics. He has represented both plaintiffs and defendants in complex patent disputes.
• Paul J. Andre
  • Role: Lead Counsel (pro hac vice to be filed)
  • Firm & Office Location: Kramer Levin Naftalis & Frankel LLP, Redwood Shores, CA
  • Relevant Experience: Paul Andre is a partner and co-chair of the Intellectual Property department at Kramer Levin. He is a highly experienced patent litigator with a focus on high-stakes technology cases, particularly in software, semiconductors, and telecommunications.
• Lisa Kobialka
  • Role: Lead Counsel (pro hac vice to be filed)
  • Firm & Office Location: Kramer Levin Naftalis & Frankel LLP, Redwood Shores, CA
  • Relevant Experience: Lisa Kobialka is a partner in Kramer Levin's Intellectual Property group, specializing in patent litigation for technology companies. Her practice includes trials and appeals across a range of technologies.
• James Hannah
  • Role: Lead Counsel (pro hac vice to be filed)
  • Firm & Office Location: Kramer Levin Naftalis & Frankel LLP, Redwood Shores, CA
  • Relevant Experience: James Hannah is a partner at Kramer Levin, whose practice focuses on patent litigation, with experience in various technology areas.
• Jennifer L. Gilbert
  • Role: Lead Counsel (pro hac vice to be filed)
  • Firm & Office Location: Kramer Levin Naftalis & Frankel LLP, Redwood Shores, CA
  • Relevant Experience: Jennifer Gilbert is a partner in the Intellectual Property department at Kramer Levin, handling complex patent litigation for technology and life sciences companies.
• Carlos J. Tirado
  • Role: Lead Counsel (pro hac vice to be filed)
  • Firm & Office Location: Kramer Levin Naftalis & Frankel LLP, Redwood Shores, CA
  • Relevant Experience: Carlos Tirado is a partner at Kramer Levin focusing on intellectual property litigation, particularly patent disputes in the technology sector.

I'll research defense counsel for the DraftKings entities in this case.

Key defense-side information is emerging. Let me dig into docket entries and firm confirmations.

Defense counsel of record — WinView IP Holdings, LLC v. DraftKings Inc., et al., No. 3:25-cv-01143-GC-JTQ (D.N.J.)

Defendants are represented by a two-firm team: a New Jersey local-counsel firm handling ECF filings and oral argument, and WilmerHale as national/co-counsel. Below is what is confirmed from the docket and case documents, with gaps flagged.

1. Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C. — New Jersey counsel of record

Confirmation of the two-firm structure comes from Defendants' January 20, 2026 letter to Judge Castner (ECF No. 56), reproduced as Exhibit 2006 in DraftKings Inc. v. WinView IP Holdings, LLC, IPR2026-00140: "Our Firm, together with our co-counsel, Wilmer Cutler Pickering Hale and Dorr LLP, represent Defendants DraftKings Inc., DK Crown Holdings, Inc., Crown Gaming Inc., (collectively 'DraftKings'), in the above referenced matter." That same letter is the basis for the Court's January 21, 2026 Text Order staying the motion to dismiss (ECF No. 49) pending the IPRs (ECF No. 58).

Caution on the letterhead names: the letterhead on that letter lists a set of "Of Counsel" attorneys — Peter G. Stewart, Carl R. Woodward, III, Francis C. Hand, James A. O'Brien, III, John G. Esmerado, Steven G. Tyson, Matthew J. Ceres, Zachary A. Jacobs, Jason H. Alperstein. I could not confirm that any of these individuals has entered an appearance in 3:25-cv-01143; on the available record they appear as firm letterhead/of-counsel names, not counsel of record. Do not treat them as appearing counsel without checking the docket. (Francis C. Hand is confirmed as Of Counsel at Carella Byrne and a registered patent attorney, per his Martindale profile.)

2. Wilmer Cutler Pickering Hale and Dorr LLP — co-counsel (national)

Important distinction: the Hobgood/Danford/Nemtzow/Moussa/Esram group is confirmed as counsel in the PTAB IPRs, not (on the record I could verify) as counsel of record in the district court action. Treat them as the DraftKings IPR team and probable litigation-side colleagues; the only WilmerHale attorney I can confirm as noticed in 3:25-cv-01143 is M. Elizabeth Trujillo.

3. Coverage gaps — SBTech entities

The CourtListener parties page reflects appearances by Cecchi and Flax for DraftKings Inc., DK Crown Holdings Inc., and Crown Gaming Inc., and Defendants' own January 2026 letter expressly defines "DraftKings" as only those three entities. SBTech US Inc. and SBTech (Global) Ltd. are named defendants (Compl., ECF No. 1) but I found no confirmed appearance of counsel on their behalf or waiver of service in the materials available. This is consistent with either (a) those entities not yet having been served/appeared, or (b) representation by the same team without a separate formal appearance — the public record does not resolve which. This should be verified against the full PACER docket.

4. Sourcing caveats

• The docket-derived facts above come from the CourtListener docket page for No. 3:25-cv-01143 (https://www.courtlistener.com/docket/69627307/winview-ip-holdings-llc-v-draftkings-inc/), Justia's docket snapshot (which is stale — last retrieved Feb. 10, 2025), and exhibits filed in IPR2026-00140 (PO Exhibits 2006 and 2007, which reproduce ECF Nos. 56 and 58 from the district court docket).
• I could not pull the live PACER docket sheet in this session, so I have not independently verified: docket entry numbers for each individual notice of appearance; whether pro hac vice motions were filed for the WilmerHale attorneys; or whether an appearance has been entered for the SBTech defendants.
• One cross-reference correction for the earlier-generated sections: the plaintiff-side filings now reflect Herbert Smith Freehills Kramer (US) LLP (the post-merger name of Kramer Levin) as WinView's counsel, with Michael James Gesualdo of Robinson Miller LLC, Newark, NJ as New Jersey local counsel (Notice of Appearance, ECF filed Aug. 21, 2025). The prior "Plaintiff representatives" section lists Gesualdo's role ambiguously within the Kramer Levin pro hac vice group; he is separate local counsel. This does not affect the defense roster above.