Digital Ally Views TASER’s Most Recent Invalidity Attack as More of the Same
December 02 2016 - 12:56PM
Digital Ally, Inc. (NASDAQ:DGLY) (the “Company”), which develops,
manufactures and markets advanced video surveillance products for
law enforcement, homeland security and commercial applications,
today announced that TASER’s most recent attack on its pioneering
‘292 patent at the United States Patent and Trademark Office
(USPTO) is simply more of the same.
In 2015, TASER tried to invalidate Digital
Ally’s ‘292 patent through a similar attack at the USPTO. With that
attempt, it made the same tired argument that Digital’s ‘292 patent
was not new and should be found invalid. Digital Ally asserts that
TASER also made the same old promises to its customers and
shareholders regarding its chances of success. TASER was wrong. The
USPTO fully rejected all of TASER’s arguments, concluding all 59
claims in Digital Ally’s ‘292 patent were valid and non-obvious.
TASER’s best arguments and its best prior art failed to convince
the USPTO that Digital Ally’s patents lack patentability. Digital
Ally is confident that TASER’s second and third string prior art
will fare no better.
Tellingly, TASER’s most recent attacks do not
rely on a single product, patent, or invention owned by TASER.
Despite going to great lengths in its press release to tout its
“TACOM” technology, Digital Ally asserts that TASER did not present
a single argument to the USPTO that its TACOM technology (or any
other TASER product) invalidates Digital Ally’s ‘292 patent. Nor
could it. Despite the vague references to TACOM and its possible
features in a small handful of presentations, Digital Ally does not
believe TASER ever sold any TACOM products. Further, despite
claiming to have invented auto-activation technology in 2009, TASER
did not release a single product containing auto-activation until
after Digital Ally’s patent filings.
“This isn’t the first time TASER has tried to
convince its shareholders that TASER’s infringing conduct will be
permitted by the Court or the United States Patent Office,” said
Stanton Ross, CEO of Digital Ally. “We saw, and beat, the best
TASER had to offer in its first attempt. Its latest filing is yet
another post-hoc attempt to avoid answering for its willful
infringement. We welcome the opportunity to beat TASER again at the
Patent Office and look forward to our day in Court where TASER will
finally be forced to answer for its conduct,” concluded Mr.
Ross.
About Digital Ally, Inc.
Digital Ally, Inc. develops, manufactures and markets advanced
technology products for law enforcement, homeland security and
commercial applications. The Company's primary focus is
digital video imaging and storage. For additional news and
information please visit www.digitalallyinc.com or follow
us on Twitter @digitalallyinc and
Facebook www.facebook.com/DigitalAllyInc.
The Company is headquartered in Lenexa, Kansas, and its shares
are traded on The Nasdaq Capital Market under the symbol
"DGLY".
This press release contains forward-looking statements within
the meaning of Section 27A of the Securities Act of 1933 and
Section 21E of the Securities Act of 1934. These
forward-looking statements are based largely on the expectations or
forecasts of future events, can be affected by inaccurate
assumptions, and are subject to various business risks and known
and unknown uncertainties, a number of which are beyond the control
of management. Therefore, actual results could differ
materially from the forward-looking statements contained in this
press release. A wide variety of factors that may cause actual
results to differ from the forward-looking statements include, but
are not limited to, the following: the ultimate outcome of the
Company’s litigation against TASER International, Inc.; the
decision of the USPTO regarding the latest petitions filed by TASER
challenging the validity of the Company’s ‘292 Patent; competition
from larger, more established companies with far greater economic
and human resources; the effect of changing economic conditions;
and changes in government regulations, tax rates and similar
matters. These cautionary statements should not be construed as
exhaustive or as any admission as to the adequacy of the Company's
disclosures. The Company cannot predict or determine after the fact
what factors would cause actual results to differ materially from
those indicated by the forward-looking statements or other
statements. The reader should consider statements that
include the words "believes", "expects", "anticipates", "intends",
"estimates", "plans", "projects", "should", or other expressions
that are predictions of or indicate future events or trends, to be
uncertain and forward-looking. The Company does not undertake to
publicly update or revise forward-looking statements, whether as a
result of new information, future events or
otherwise. Additional information respecting factors that
could materially affect the Company and its operations are
contained in its annual report on Form 10-K for the year ended
December 31, 2015 and quarterly report on Form 10-Q for the three
and nine months ended September 30, 2016, as filed with the
Securities and Exchange Commission.
Contact:
For Additional Information, Please
Stanton E. Ross
CEO
(913) 814-7774
or
Thomas J. Heckman
CFO
(913) 814-7774
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