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The commission also agreed with the state Department of Commerce’s assessment that the cooperative’s actions were driven by concerns over lost electricity sales rather than legitimate safety risks.
Commissioners pointed to evidence suggesting the tribe may have already been overcharged compared to other member customers.
The Upper Sioux Community also argued that, as a sovereign tribal nation, it is not subject to Minnesota utility regulations. The commission declined to rule on the sovereignty question, concluding it was unnecessary to resolve that issue to determine that Minnesota Valley could not prevent the casino from generating its own power.
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Revenue from land-based casinos edged up 1.5% to R3.42 billion, with Sun International’s share of the market rising 2.3% to 49%.
Sun International attributed the land-based growth to investments in product and marketing, with land-based casino GGR growing 4.4%. The company launched 876 new slot machines and stadium games during the period.
Bengtsson said the land-based growth reflected Sun International’s “strong execution and sound investment decisions”.
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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.
