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“This legislation failed squarely because Republicans refuse to say no to the president,” Arizona Senator Ruben Gallego said in a statement. “It takes 60 votes to pass a bill, and instead of spending their time twisting themselves into knots to appease President Trump, Republicans should have worked more closely with Senate Democrats to craft a bill that could pass with strong ethics provisions.”

Wyoming Senator Cynthia Lummis, the leading negotiator for Republicans, berated her Democratic colleagues in a statement, saying they “played games” and “were never truly serious about protecting consumers”.

“The Democrats are now anti-American – sad!” she said.

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The proposed bill seeks to prevent student-athletes from trading on prediction markets, but does not set any explicit standards on player harassment.

Separately, the two senators wrote a formal letter to a bevy of pro sport leagues last October requesting additional details on the leagues’ interaction with integrity monitors on suspicious wagering.

Despite Tuesday’s memo, it is not immediately clear if any professional sports league commissioners are willing to testify before Congress on some of the most problematic aspects of sports betting.

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The Commerce Department has jurisdiction over the USPTO, meaning Lutnick is the boss of the USPTO Director John Squires. Squires, who became 60th director of the USPTO a year ago, has been publicly effusive in his praise of Lutnick.

More relevant to DraftKings is the fact that under his leadership, the patent office has moved to significantly limit access to the Patent Trial and Appeal Board (PTAB) – the very board to which the gaming company is appealing in an effort to have the Cantor patent annulled.

Both Squires and his predecessor, Coke Morgan Stewart, made it harder for filers to get in front of the PTAB, typically citing patent ages or court rulings.