89 unchanged sentences
On July 15, 2022, IG filed its opening briefs in the appeals of the inter partes reviews for the ’231 Patent and ’967 Patent.
+Added: On October 5, 2022, we filed our responsive briefs in the appeals of the IPRs related to the ’231 Patent and ’967 Patent.
The District Court litigation remains stayed pending resolution of all appeals from the inter partes reviews.
21 unchanged sentences
Winview filed its memorandum in opposition to the motion to dismiss on January 24, 2022, and DraftKings filed its reply brief to Winview’s opposition on January 31, 2022.
−Removed: On August 3, 2022, we filed a petition for inter partes review with the PTAB challenging the validity of the ‘243 Patent.
+Added: On August 3, 2022, we
+Added: filed a petition for inter partes review with the PTAB challenging the validity of the ‘243 Patent.
+Added: On September 20, 2022, the court entered an order staying the pending motion to dismiss and staying all discovery pending final resolution of the petition for inter partes review through a final written decision.
We intend to vigorously defend this case.
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Despite the potential for significant damages, we do not believe, based on currently available information, that the outcome of this proceeding will have a material adverse effect on our financial condition, although the outcome could be material to our operating results for any particular period, depending, in part, upon the operating results for such period.
−Removed: Securities Matters
+Added: Securities Matters Related to Allegations in the Hindenburg Report
On July 2, 2021, the first of two substantially similar federal securities law putative class actions was filed in the U.S.
14 unchanged sentences
Despite the potential for significant damages, we do not believe, based on currently available information, that the outcome of this proceeding will have a material adverse effect on our financial condition, although the outcome could be material to our operating results for any particular period, depending, in part, upon the operating results for such perio d.
+Added: Securities Matters Related to the GNOG Transaction
+Added: On August 12, 2022, a putative class action was filed in Nevada state District Court in Clark County against Golden Nugget Online Gaming, Inc.
+Added: (“GNOG Inc.”), the Company and one of its officers, as well as former officers or directors and the former controlling stockholder of GNOG Inc.
+Added: and Jefferies LLC.
+Added: The lawsuit asserts claims on behalf of a putative class of former minority stockholders of GNOG Inc.
+Added: alleging that certain former officers and directors of GNOG Inc.
+Added: and its former controlling stockholder (Tilman Fertitta and/or Fertitta Entertainment, Inc.) breached their fiduciary duties to minority stockholders of GNOG Inc.
+Added: in connection with the GNOG Transaction, and the other defendants aided and abetted the alleged breaches of fiduciary duty.
+Added: On November 1, 2022, defendants filed motions to dismiss the action on the grounds of improper forum and lack of personal jurisdiction over certain defendants.
+Added: On September 9, 2022, two similar putative class actions were filed in the Delaware Court of Chancery against former directors of GNOG Inc.
+Added: and its former controlling stockholder, one of which also names the Company and Jefferies Financial
+Added: as defendants.
+Added: These pending actions in Delaware assert substantially similar claims on behalf of a putative class of former minority stockholders of GNOG Inc.
+Added: alleging that certain former officers and directors of GNOG Inc.
+Added: and its former controlling stockholder (Tilman Fertitta) breached their fiduciary duties to minority stockholders of GNOG Inc.
+Added: in connection with the GNOG Transaction, and one of the actions also alleges that DraftKings and Jefferies Financial Group, Inc.
+Added: aided and abetted the alleged breaches of fiduciary duty.
+Added: On October 12, 2022, the Delaware Court of Chancery consolidated these two actions under the caption In re Golden Nugget Online Gaming, Inc.
+Added: Stockholders Litigation .
+Added: On October 29, 2022, the court appointed co-lead plaintiffs in the consolidated action.
+Added: The Company’s obligation to respond to the consolidated action has been stayed by the court until the filing of a consolidated amended complaint.
+Added: The Company intends to vigorously defend against these claims.
+Added: The Company cannot predict with any degree of certainty the outcome of these matters or determine the extent of any potential liabilities.
+Added: The Company also cannot provide an estimate of the possible loss or range of loss.
+Added: Any adverse outcome in these matters could expose the Company to substantial damages or penalties that may have a material adverse impact on the Company’s operations and cash flows.
+Added: Despite the potential for significant damages, the Company does not believe, based on currently available information, that the outcome of these proceedings will have a material adverse effect on DraftKings’ financial condition, although the outcome could be material to DraftKings’ operating results for any particular period, depending, in part, upon the operating results for such period.
Shareholder Derivative Litigation
26 unchanged sentences
On December 1, 2021, Arrow Gaming answered our Counterclaims.
−Removed: On December 20, 2021, Arrow Gaming filed a second amended complaint adding new allegations with respect to the alleged willful infringement.
+Added: December 20, 2021, Arrow Gaming filed a second amended complaint adding new allegations with respect to the alleged willful infringement.
On January 21, 2022, DraftKings filed a motion to dismiss plaintiff’s second amended complaint.
2 unchanged sentences
On March 21, 2022, plaintiff filed its opposition to DraftKings’ motion to disqualify plaintiff’s counsel, and on March 28, 2022, DraftKings filed its reply thereto.
+Added: On September 21, 2022, DraftKings’ motion to dismiss was administratively terminated, pending the outcome of the disqualification motion.
+Added: On October 4, 2022, the presiding Magistrate Judge denied DraftKings’ motion to disqualify plaintiff’s counsel.
+Added: On October 21, 2022, DraftKings filed a renewed motion to dismiss plaintiff’s complaint.
+Added: Between August 22, 2022 and August 30, 2022, DraftKings filed petitions for inter partes review with the Patent Trial and Appeal Board challenging the validity of each of the Arrow Gaming Patents.
We intend to vigorously defend this case.
13 unchanged sentences
On April 7, 2022, Plaintiff filed its opposition to DraftKings’ motion to dismiss, and on April 25, 2022, DraftKings filed its reply thereto.
+Added: On September 7, 2022, DraftKings’ motion to dismiss the complaint was granted.
+Added: On September 22, 2022, Beteiro filed its notice to appeal the ruling on the motion to dismiss.
+Added: On October 5, 2022, Beteiro filed a motion for reconsideration of the ruling on the motion to dismiss at the District Court, which was denied by the District Court on November 2, 2022.
+Added: On October 28, 2022, DraftKings filed petitions for inter partes review with the Patent Trial and Appeal Board challenging the validity of each of the Beteiro Patents.
We intend to vigorously defend this case.
26 unchanged sentences
The Company and Colossus each filed their objections to the Report and Recommendation on August 1, 2022.
+Added: On August 26, 2022, District Court Judge Noreika overruled both parties’ respective objections and adopted the Report and Recommendation of Magistrate Judge Burke regarding the motion to dismiss.
We intend to vigorously defend this case.
7 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.