Assignment history

Inventors

• Nicholas Koustas: Co-Founder of various ventures, including many related to gaming and wagering.
• John Mix: Information on his professional role at the time of the invention is not readily available in public records.
• Alexander "Xander" Oxman: Co-Founder and CEO of Club W (an e-commerce wine company) around the time of the invention.

There are no unusual patterns, such as mass departures, noted among the inventors. The patent portfolio, including this patent, has been consistently assigned to AG 18, LLC.

Original Assignee

The patent text lists AG 18 LLC as the "Original Assignee," but this reflects the assignee at the time of issuance. The assignment record trail, which is authoritative, shows the inventors first assigned the patent to AVIO VENTURES, LLC.

• AVIO VENTURES, LLC: This entity appears to be a holding company. Public-facing information connects the name "Avio Ventures" to a travel accessories company, which does not appear to have shipped a product embodying the gaming-related claims. This suggests the entity was likely formed to hold intellectual property. Its current status is active.

Assignment Timeline

A search of the USPTO Patent Assignment Database for U.S. Patent 9,978,205 reveals a clear, multi-step transfer on a single day.

• 2017-02-28 (executed) / recorded 2017-06-16 — Reel 040947/0681

  • Conveyance: ASSIGNMENT OF ASSIGNORS INTEREST
  • Assignor: KOUSTAS, NICHOLAS; MIX, JOHN; OXMAN, ALEXANDER
  • Assignee: AVIO VENTURES, LLC
  • Correspondent: Isaac Rabicoff, Rabicoff Law LLC, 77 W. Wacker Drive, Suite 4500, Chicago, IL, 60601.
  • Context: This is the initial assignment from the named inventors to a holding company.

• 2017-05-31 (executed) / recorded 2017-06-16 — Reel 040947/0685

  • Conveyance: ASSIGNMENT OF ASSIGNORS INTEREST
  • Assignor: AVIO VENTURES, LLC
  • Assignee: ARROW GAMING, INC.
  • Correspondent: Isaac Rabicoff, Rabicoff Law LLC, 77 W. Wacker Drive, Suite 4500, Chicago, IL, 60601. This is the same correspondent as the preceding transfer.
  • Context: A transfer from the initial holding company to another entity, Arrow Gaming, Inc.

• 2017-06-15 (executed) / recorded 2017-06-16 — Reel 040947/0688

  • Conveyance: ASSIGNMENT OF ASSIGNORS INTEREST
  • Assignor: ARROW GAMING, INC.
  • Assignee: AG 18, LLC
  • Correspondent: Isaac Rabicoff, Rabicoff Law LLC, 77 W. Wacker Drive, Suite 4500, Chicago, IL, 60601. This is the same correspondent as the preceding two transfers.
  • Context: The final transfer to the current owner and litigation entity, AG 18, LLC, which occurred just before the patent issued.

Timeline Diagram

timeline
    title Ownership of US 9978205
    2008 : Provisional application filed
    2009 : Non-provisional application filed
    2017 : Inventors assign to Avio Ventures
         : Avio Ventures assigns to Arrow Gaming
         : Arrow Gaming assigns to AG 18 LLC
    2018 : Patent issued
    2021 : AG 18 LLC sues DraftKings
    2026 : Federal Circuit affirms PTAB decision

NPE / Troll-Pattern Signals

1. Shell-entity transfer — Present. The patent was transferred from the inventors through two intermediate LLCs (Avio Ventures, Arrow Gaming) to the current holder, AG 18, LLC. AG 18, LLC does not appear to be an operating company with products in commerce; its primary activity related to this patent has been litigation against DraftKings.

2. Known asserter in the chain — Present. While AG 18, LLC is not on a classic "Top 10" NPE list, it is identified by anti-NPE organization Unified Patents as a patent asserter and was the plaintiff in the infringement suit against DraftKings.

3. Repeat correspondent across the chain — Present. This is the strongest signal. The attorney Isaac Rabicoff of Rabicoff Law LLC is the correspondent of record for all three transfers in the chain (Reels 040947/0681, 040947/0685, and 040947/0688). Rabicoff Law's own website states it was among the "top 3 law firms in 2017 for most active patent litigation" and has led licensing campaigns against major tech companies. This pattern of a single attorney managing a rapid series of transfers between LLCs is a hallmark of setting up a vehicle for patent assertion.

4. Cascading transfers — Present. The patent underwent three assignments in a short period (executed between Feb 28 and June 15, 2017). All three were recorded on the same day (June 16, 2017) and handled by the same correspondent, indicating a planned, multi-step transaction to move the asset to its final assertion vehicle, AG 18, LLC.

5. Pre-litigation transfer — Not present. The final transfer to AG 18, LLC occurred in June 2017. The first infringement suit was filed in August 2021, more than four years later. Therefore, the transfer was not immediately prior to litigation.

6. Bankruptcy fire-sale — Not present. There is no evidence that any of the assignors were in bankruptcy proceedings.

7. Privateering — Unclear. Arrow Gaming, Inc., an intermediate assignee, shares a name with Arrow International, Inc., a major manufacturer of charitable gaming products. However, a direct corporate link between the specific "ARROW GAMING, INC." in the assignment and the operating company cannot be definitively established from public records. Without a confirmed link, it is unclear if this constitutes privateering.

8. Defensive aggregator (anti-NPE) — Not present. The chain does not terminate at a known defensive aggregator. In fact, an anti-NPE entity, Unified Patents (acting via DK Crown Holdings/DraftKings), was the petitioner against the patent at the PTAB.

Verdict

NPE — high confidence

The ownership history of U.S. Patent 9,978,205 displays multiple strong signals of being controlled by a non-practicing entity for the purpose of assertion. The key evidence includes the rapid, cascading transfers through shell-like entities (Reel 040947), all orchestrated on the same day by a single correspondent attorney known for high-volume patent litigation. The final assignee, AG 18, LLC, has no discernible products and has used the patent to sue a large operating company, which is the defining business model of an NPE.

A record of these assignments can be viewed at the USPTO Patent Assignment Search center by searching for patent number 9,978,205.