HARRISBURG, PA, Sept. 22, 2023 (GLOBE NEWSWIRE) -- The Dauphin County Court of Common Pleas has dismissed a case brought against Pace-O-Matic (POM) filed by BMM Test Labs (BMM). BMM was sued by POM in November 2022 after the company accessed Pennsylvania Skill games, disassembled them, and sought to acquire POM’s propriety information. BMM counter-sued, claiming POM violated the Dragonetti Act and brought forth a frivolous lawsuit.

BMM has been called as a witness expert by the state in a separate case against POM. The dismissal of BMM’s case by the Dauphin County Court of Common Pleas bolsters POM’s original suit and supports their claim that BMM acted wrongfully when they seized and dissected the POM games without a warrant or permission.

In the memorandum, Judge Andrew H. Dowling of Dauphin County states, “There are situations where the POM Defendants could allege claims against the BMM Plaintiffs without running afoul of the witness immunity doctrine. The BMM Plaintiffs do not enjoy blanket immunity from all suits simply because they testified against the POM Defendants. As a result, we cannot determine that the Underlying Action was brought without probable cause simply because it was filed by the POM Defendants against BMM Plaintiffs.”

In other words, simply because BMM was called as a witness in the state’s case against POM does not excuse them from acting in bad faith when seeking to obtain proprietary technology from the POM game.

“We applaud the court for this decision. This ruling upholds our original position that BMM violated our rights when they not only seized but intentionally leveraged their position as a witness to investigate the games and attempt to secure our proprietary information,” said POM’s Chief Public Affairs Officer, Michael Barley. “This is yet another successful court ruling for Pace-O-Matic as we fight for regulation of legal skill games in the commonwealth.”

Because the suit was dismissed without prejudice, POM can reinstate their action against BMM at any time, but BMM cannot claim that POM has violated the Dragonetti Act.

Legal games of skill are played in restaurants, bars, taverns, fire halls, and fraternal clubs including VFW halls and American Legion posts throughout the commonwealth. Not only do the games provide patrons with an entertainment option, but they also generate supplemental income that small businesses and fraternal organizations use to pay bills, offer competitive wages, make critical location updates, and give back to their communities.

Click here to read Judge Dowling’s memo.

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michael.barley@paceomatic.com