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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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`BETEIRO, LLC,
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`v.
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`DRAFTKINGS INC.,
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`Plaintiff,
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`Defendant.
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`No. 1:21-cv-20148
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`ORDER
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`O’HEARN, District Judge.
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`THIS MATTER comes before the Court on Defendant DraftKings Inc.’s (“Defendant”)
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`Motion to Dismiss, (ECF No. 9), the Complaint filed by Plaintiff Beteiro, LLC (“Plaintiff”), (ECF
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`No. 1); and
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`WHEREAS, this case is one of several related cases presently pending before this Court
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`raising essentially the same patent infringement claims, Beteiro, LLC v. PointsBet USA, Inc., No.
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`21-20155 (D.N.J. filed Nov. 22, 2021); Beteiro, LLC v. BetMGM, LLC, No. 21-20156 (D.N.J. filed
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`Nov. 22, 2021); Beteiro, LLC v. Hard Rock Tristate AC LLC, No. 21-20157 (D.N.J. filed Nov. 22,
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`2021); Beteiro, LLC v. Hillside N.J. LLC, No. 21-20158 (D.N.J. filed Nov. 22, 2021); Beteiro, LLC
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`v. Betfair Interactive US LLC, No. 22-00577 (D.N.J. filed Feb. 4, 2022); Beteiro, LLC v. Kindred
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`Grp. plc, No. 22-01536 (D.N.J. filed Mar. 18, 2022); and
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`WHEREAS, in each case, Plaintiff alleges that the applicable defendants infringed specific
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`claims within four U.S. patents it owns: (i) U.S. Patent No. 9,965,920; (ii) U.S. Patent No.
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`10,043,341; (iii) U.S. Patent No. 10,147,266; and (iv) U.S. Patent No. 10,255,755 (collectively,
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`“the Patents-in-Suit”); but
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`Case 1:21-cv-20148-CPO-SAK Document 25 Filed 09/07/22 Page 2 of 2 PageID: 396
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`WHEREAS, in its recently-filed Opinion disposing of the motion to dismiss in Beteiro,
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`LLC v. BetMGM, LLC, No. 21-20156, slip op. (D.N.J. Sept. 6, 2022), this Court found that the
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`relevant claims of the Patents-in-Suit were directed at patent-ineligible subject matter and were
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`therefore invalid under 35 U.S.C. § 101; and
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`WHEREAS, for precisely the same reasons as in that case, Plaintiff cannot state a claim
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`in this case for patent infringement, see, e.g., Open Parking, LLC v. ParkMe, Inc., No. 15-00976,
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`2016 WL 3547957, at *2 (W.D. Pa. June 30, 2016), aff’d, 683 F. App’x 932 (Fed. Cir. 2017); and
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`WHEREAS, likewise, Plaintiff’s willful infringement claims cannot survive, see
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`ZapFraud, Inc. v. Barracuda Networks, Inc., 528 F. Supp. 3d 247, 249–52 (D. Del. 2021); and
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`therefore
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`IT IS HEREBY on this 7th day of September , 2022,
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`ORDERED Defendant’s Motion to Dismiss is GRANTED; and it is further
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`ORDERED that this case is DISMISSED; and it is finally
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`ORDERED that the Clerk of this Court shall close this case.
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`CHRISTINE P. O’HEARN
`United States District Judge
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`2
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