Litigation
Untitled case
Critical3:25-cv-01143
Patents at issue (1)
Summary
A US patent litigation case filed in the New Jersey District Court concerning patent 12005349.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
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.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
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.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Kramer Levin Naftalis & Frankel
- Jonathan S. Caplan · Lead Counsel
- Aaron Frankel · Lead Counsel
- Paul J. Andre · Lead Counsel
- Lisa Kobialka · Lead Counsel
- James Hannah · Lead Counsel
- Jennifer L. Gilbert · Lead Counsel
- Carlos J. Tirado · Lead Counsel
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.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- In-house counsel
- Jonathan A. Cox · lead counsel
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thought
The user is asking for the counsel representing the defendant(s) in the case 3:25-cv-01143. I need to identify the names, roles, firms, office locations, and relevant experience for each attorney. I will use web search to find this information, looking for PACER dockets, firm websites, and legal news sources.
Since the plaintiff's counsel was Kramer Levin, I will specifically search for defense counsel in relation to DraftKings and this case. I will also check for common defense firms in patent litigation, especially those known to represent tech or online gaming companies.Here is the identified counsel of record representing the defendants, DraftKings Inc., DK Crown Holdings Inc., Crown Gaming Inc., SBTech US Inc., and SBTech (Global) Ltd., in case 3:25-cv-01143:
Lead Counsel (Pro Hac Vice)
- Jonathan A. Cox
- Role: Lead Counsel (Pro Hac Vice)
- Firm & Office Location: Not explicitly stated in the immediate search results, but associated with the defense of all named defendants in the case. (Further investigation would be required to definitively confirm his primary firm for this case, though he has historically been associated with Gibson Dunn & Crutcher LLP in matters involving DraftKings).
- Relevant Experience: Jonathan A. Cox has been listed as counsel for DraftKings Inc. in various other legal matters. While the provided snippet from this case does not specify his firm, other information indicates Gibson Dunn & Crutcher LLP has represented DraftKings in significant intellectual property, trade secret, and sports law litigations. For example, Gibson Dunn secured an injunction win for DraftKings regarding non-compete agreements with a former executive and confirmed the legality of fantasy sports in New York.
Local Counsel
- Carella Byrne Cecchi Brody & Agnello, P.C.
- Role: Local Counsel
- Firm & Office Location: Carella Byrne Cecchi Brody & Agnello, P.C., Roseland, NJ
- Relevant Experience: This firm is listed as local counsel for all defendants: Crown Gaming Inc., DK Crown Holdings Inc., DraftKings Inc., SBTech (Global) Ltd., and SBTech US Inc.. As local counsel in the District of New Jersey, they would be responsible for complying with local court rules and procedures.
Note: As of May 29, 2026, Jonathan A. Cox has been added to receive Notices of Electronic Filing for all defendants, indicating his active role in the case. However, pursuant to L.Civ.R. 101.1 of the District of New Jersey, only local counsel are entitled to sign and file papers, enter appearances, and receive payments on judgments, decrees, or orders. Direct access to the full PACER docket would provide the names of specific attorneys from Carella Byrne Cecchi Brody & Agnello, P.C. who have formally entered appearances.