The Patent Office denied Taser’s request to reconsider its IPR loss
Lenexa, KS, Feb. 28, 2019 (GLOBE NEWSWIRE) -- Digital Ally, Inc. (DGLY) which develops, manufactures and markets advanced video surveillance products for law enforcement, homeland security and commercial applications is pleased to announce yet another major victory in its legal battles against Axon Enterprise, Inc. (the company formerly known as TASER). On February 25, 2019, the Patent Office again rejected TASER’s attempts to invalidate Digital Ally’s Patent No. 9,253,452 (“the ‘452 Patent”).
On December 20, 2016, TASER filed a petition for inter parties review with the Patent Office seeking to invalidate the ‘452 Patent, which has revolutionized the body-camera industry. On July 6, 2017, the Patent Office rejected TASER’s request finding that it was so deficient that it did not even warrant institution for closer inspection. Obviously frustrated with this result, TASER requested that the Patent Office reconsider its ruling. In its request, TASER argued that the Patent Office overlooked TASER’s evidence and misapplied the law. Earlier this week the Patent Office rejected TASER’s request finding that TASER was improperly using it as “an opportunity to present new argument or evidence” and that it was an “attempt to address the deficiencies” in TASER’s original petition.
TASER began challenging the validity of Digital Ally’s auto-activation patents at the Patent Office through four separate IPR challenges over two years ago. Every one of those attempts has been unsuccessful. This denial of its Rehearing Request represents the final nail in the coffin for TASER’s IPR challenges. There are no longer any pending IPRs on which TASER can invalidate Digital Ally’s auto-activation patents. Additionally, TASER is now barred from filing any further IPRs against these patents.
Because Enforcement Video, LLC (d/b/a WatchGuard Video) (“WatchGuard”) had agreed to be bound by the result of Axon’s attempt to invalidate the ‘452 Patent, the Patent Office’s denial also means that WatchGuard’s ability to challenge the validity of the ‘452 Patent is now severely limited. Like Axon, WatchGuard is barred from filing any further IPRs challenging any of the patents asserted against it.
“This decision represents another confirmation of the validity of our auto-activation patents,” said Digital Ally’s CEO, Stanton Ross. “To date, every court and every judge that has examined the validity of these auto-activation patents has confirmed their strength and found them valid,” continued Ross. “The finish line is finally near and we look forward to a jury confirming what we have alleged all along; TASER has willfully infringed our ‘452 Patent and is benefiting in the marketplace at our expense,” concluded Ross.
About Digital Ally
Digital Ally®, headquartered in Lenexa, KS, specializes in the design and manufacturing of the highest quality video recording equipment and video analytic software. Digital Ally pushes the boundaries of technology in industries such as law enforcement, emergency management, commercial fleets, and consumer use. Digital Ally’s complete product solutions include in-car and body cameras, cloud and local management software, and automatic recording technology. These products work seamlessly together and are simple to install and operate. Digital Ally products are sold by domestic direct sales representatives and international distributors worldwide.
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Stanton Ross, CEO
Tom Heckman, CFO
Digital Ally, Inc
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