Miele Manufacturing of Pennsylvania. All Rights Reserved. Copyright 2019

Pace-O-Matic® Pennsylvania Skill®

Legal Updates

Legal updates are brought to us each month by Matt Haverstick of Kleinbard LLC.

October 2019

It is critical to remember that Pace-O-Matic’s Pennsylvania Skill amusement device is one of only two games to be adjudicated as games of Dominant Skill by courts in the Commonwealth. The other game is manufactured by Red, White and Blue. Recently, one of our competitors went to a Court of Common Pleas decision to declare their machines games of skill and their case was dismissed. Want to feel comfortable that you are not putting yourself, your company or your customers in jeopardy with law enforcement? It’s easy, operate Pace-O-Matic’s Pennsylvania Skill amusement devices.

 

As we reported last month, we have taken action against an Operator, PA Coin, for distributing equipment from Banilla which we argue infringes on Pace-O-Matic's patented technology. We will keep you informed as this case unfolds. Click here to read a copy of the complaint.

 

We are taking additional measures to end harassment by the Pennsylvania State Police, Lottery and Liquor Control Board of Pennsylvania Skill Operators.

 

If any law enforcement or regulatory agency takes action against you, or otherwise tries to tell you that a Pennsylvania Skill device is illegal, please let the Pennsylvania Skill Compliance Team know immediately. We stand ready to help those Operators and Locations protect our legal devices and your businesses.

September 2019

We are still anxiously awaiting a decision in the Commonwealth Court lawsuit we argued in May. As you may recall, last year, we sued the Pennsylvania State Police and the City of Philadelphia in Commonwealth Court. The decisions in this court are valid across Pennsylvania. We are taking additional measures to end Pennsylvania State Police harassment of Pennsylvania Skill Operators. A favorable decision in Commonwealth Court will further cement our legal status. This decision may be rendered any day. Stay tuned.

We have taken action against an Operator, PA Coin, for distributing equipment from Banilla which we believe infringes on Pace-O-Matic's patented technology. We will keep you informed as this case unfolds.

Working with Tom Marino and our compliance team, we have been filing nuisance suits against Locations across the Commonwealth. These Locations are operating equipment that has been ruled illegal gambling equipment, particularly from Gracie Technologies. We are cracking down on businesses that are operating as casinos. We are also filing lawsuits against locations that breach their contracts and commingle our skill game with illegal games of chance.

In the meantime, if any law enforcement agency takes action against you, or otherwise tries to tell you that a Pennsylvania Skill device is illegal, please let the Pennsylvania Skill Compliance Team know immediately. We stand ready to help those Operators and Locations protect our legal devices and your businesses.

August 2019

We are awaiting a decision in the Commonwealth Court lawsuit we argued in May. As you may recall, last year, we sued the Pennsylvania State Police and the City of Philadelphia in Commonwealth Court. The decisions in this court are valid across Pennsylvania. We are taking additional measures to end Pennsylvania State Police harassment of Pennsylvania Skill Operators. A favorable decision in Commonwealth Court will further cement our legal status. This decision may be rendered in the coming weeks. Stay tuned.

Working with Tom Marino and our compliance team, we have been filing nuisance suits against Locations across the Commonwealth. These
Locations are operating equipment that has been ruled illegal gambling equipment, particularly from Gracie Technologies. We are cracking down on businesses that are operating as casinos. We are also filing lawsuits against locations that breach their contracts and commingle our skill game with illegal games of chance.

In the meantime, if any law enforcement agency takes action against you, or otherwise tries to tell you that a Pennsylvania Skill device is illegal, please let the Pennsylvania Skill Compliance Team know immediately. We stand ready to help those Operators and Locations protect our legal devices and your businesses.

July 2019

First of all, I want to assure you that we are working to address the issues that have resulted from the false email and letter that was sent by the Pennsylvania Liquor Control Board (PLCB). We also understand that the Pennsylvania Lottery and LCE have been intimidating and harassing Operators and Location owners. We are exploring all legal options to ensure this type of behavior stops. Please click here to read my response to the PLCB.

In another important matter, the Court of Common Pleas in Dauphin County ruled that Pong machines are illegal gambling devices. Click here to read a copy of the court’s decision. Additionally, the Court rejected the argument that our devices are covered by the Gaming Act and ruled games of predominant skill are not slot machines.

Over the last few weeks, Courts around the Commonwealth have cracked down on illegal gambling devices, issuing rulings against machines manufactured by Gracie Technologies and Pong. Click here to read the Gracie decision. The courts have also ruled that machines manufactured by Banilla are not games of predominant skill. Click here to read that ruling.

Last week, Pace-O-Matic and Miele Manufacturing launched a Patent Lawsuit against those trying to steal our technology. This lawsuit is critical to protecting our market and ensuring that our devices and our marketplace is protected.

In the meantime, if any law enforcement agency takes action against you, or otherwise tries to tell you that a Pennsylvania Skill device is illegal, please let the Pennsylvania Skill Compliance Team know immediately. We stand ready to help those Operators and Locations protect our legal devices and your businesses.

Finally, we are awaiting a decision in the Commonwealth Court lawsuit we argued in May. As you may recall, last year, we sued the Pennsylvania State Police and the City of Philadelphia in Commonwealth Court. The decisions in this court are valid across Pennsylvania. We are taking additional measures to end PSP harassment of Pennsylvania Skill Operators. A favorable decision in Commonwealth Court will further cement our legal status. Stay tuned for additional updates on all current litigation.

June 2019

Building on our win in the Court of Common Pleas, we’ve taken the litigation fight to a court that can decide the issue statewide. Last year, we sued the Pennsylvania State Police and the City of Philadelphia in Commonwealth Court. The decisions in this court are valid across Pennsylvania. We just completed our first major oral argument on May 8. We are taking additional measures to end PSP harassment of Pennsylvania Skill Operators. A favorable decision in Commonwealth Court will further cement our legal status.

In another important matter, a recent Cambria County Court opinion denied Gracie Technologies motion for return of property. The judge cited testimony from PA Skill's successful Beaver County (PA) Court decision in his opinion, stating that Gracie’s machines are not a predominate game of skill under Section 5513. This decision is further validation that Pennsylvania Skill amusement devices are unique and truly a game of predominant skill in the eyes of the law. Click here to read a copy of the decision.

In the meantime, if any law enforcement agency takes action against you, or otherwise tries to tell you that a Pennsylvania Skill device is illegal, please let the Pennsylvania Skill Compliance Team know immediately. Our lawyers respond to every seizure and protect your rights.

Stay tuned for additional updates on all current litigation.

May 2019

Building on our win in the Court of Common Pleas, we’ve taken the litigation fight to a court that can decide the issue statewide. Last year, we sued the Pennsylvania State Police and the City of Philadelphia in Commonwealth Court. The decisions in this court are valid across Pennsylvania. We are gearing up for our first major oral argument on May 8. When we are successful in that argument, we will have knocked out PSP’s latest legal argument against us. Our lawyers are taking other steps to end PSP harassment of Pennsylvania Skill operators. A favorable decision in Commonwealth Court will further cement our legal status.

In the meantime, if any law enforcement agency takes action against you, or otherwise tries to tell you that a Pennsylvania Skill game is illegal, please let the Pennsylvania Skill Compliance Team know immediately. Our lawyers respond to every seizure and protect your rights.

Stay tuned for an update on the May 8 proceeding.

April 2019

Building on our win in the Court of Common Pleas, we’ve taken the litigation fight to a court that can decide the issue statewide. Last year, we sued the Pennsylvania State Police and the City of Philadelphia in Commonwealth Court. The decisions in this court are valid across Pennsylvania. We are gearing up for our first major oral argument on May 8. When we are successful in that argument, we will have knocked out PSP’s latest legal argument against us. Our lawyers are taking other steps to end PSP harassment of Pennsylvania Skill operators. A favorable decision in Commonwealth Court will further cement our legal status.

In the meantime, if any law enforcement agency takes action against you, or otherwise tries to tell you that a Pennsylvania Skill game is illegal, please let the Pennsylvania Skill Compliance Team know immediately. Our lawyers respond to every seizure and protect your rights.

March 2019

We continue to be actively engaged in litigation to continue to protect the rights of operators to utilize the Pennsylvania Skill game. Those rights were confirmed in a ruling in the court case which can be viewed by clicking here. This court ruling only applies to the Pennsylvania Skill game designed by POM of PA and solely distributed by Miele Manufacturing. Pennsylvania Skill game has been ruled a game of skill, not a game of chance and operators are legally allowed to make these games available to their customers. If you have any issues with law enforcement regarding the utilization of the Pennsylvania Skill game, please reach out to the Pennsylvania Skill Compliance Team immediately.

We still anticipate that we will have some important oral arguments in Commonwealth Court in the coming months and we will provide updates accordingly in this monthly newsletter.