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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.
An attorney for Minnesota Valley told commissioners the cooperative plans to appeal the order.
How to play Magic Forest
Although the late LVS chairman and CEO Sheldon Adelson hailed the Japanese market as “a holy grail” and the “ultimate of business opportunities”, the company dropped out of the game, scrapping its pledged $10 billion project.
Japan has drawn on Singapore’s IR development model, which embodies a balancing act between ambitious economic visions and restrictive conditions. But Andrew Klebanow, principal of Klebanow Consulting, believes Japan’s IR regulations swerved “too far into crafting regulations and policies”. Klebanow specialises in hotel-casino market feasibility studies, strategic planning and facility planning recommendations.
“As the RFP process played out, regulators introduced additional policies and regulations. As each regulation was introduced, developers adjusted their gaming forecasting models downward. Finally, those models reached a tipping point where potential revenues were insufficient to justify a project’s capital costs,” says Klebanow.
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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.
