Digital Ally Wins Major Legal Victory as the United States Court of Appeals for the Federal Circuit Affirms the Invalidity of...
January 17 2017 - 9:15AM
Marketwired
Digital Ally Wins Major Legal Victory as the United States Court
of Appeals for the Federal Circuit Affirms the Invalidity of Key
Claims in Utility Associates' '556 Patent
LENEXA, KS-(Marketwired - Jan 17, 2017) - Digital Ally, Inc.
(NASDAQ: DGLY) (the "Company" or "Digital"), which develops,
manufactures and markets advanced video surveillance products for
law enforcement, homeland security and commercial applications,
today announced that the United States Court of Appeals for the
Federal Circuit issued a Judgment invalidating nearly all the
claims asserted in U.S. Patent No. 6,831,556 ("the '556 Patent" or
"Boykin Patent"), of which Utility Associates, Inc. ("Utility") is
the owner. This Judgment affirms the finding of invalidity by the
United States Patent and Trademark Office, Patent Trial and Appeal
Board, that previously found these same claims invalid.
With its appeal, Utility sought to convince the Federal Circuit
that the Patent Office had made an error. The Federal Circuit
disagreed and rejected all of Utility's arguments. The Judgment
fully affirmed the finding of the Patent Office, which found 23 of
the 25 claims asserted in the '556 patent to be invalid. This
Judgment will curtail or eliminate Utility's ability to continue
threatening Digital and law enforcement agencies with patent
infringement.
"This Judgment by the Federal Circuit is a huge legal victory
for Digital and affirms what we have known all along - Utility has
been threatening Digital and our customers with an invalid patent.
With the Federal Circuit's confirmation of the '556 patent's
invalidity, we will continue to push for the recovery of damages
caused by Utility in asserting an invalid patent through our
lawsuit in the Federal District Court of Kansas," stated Stanton E.
Ross, Chief Executive Officer of Digital Ally, Inc.
About Digital Ally, Inc.
Digital Ally, Inc. develops, manufactures and markets advanced
technology products for law enforcement, homeland security and
commercial applications. The Company is headquartered in Lenexa,
Kansas, and its shares are traded on The Nasdaq Capital Market
under the symbol "DGLY". 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
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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 Utility Associates, Inc.; 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 Information
Contact: For Additional Information, Please Contact Stanton E.
Ross CEO (913) 814-7774 or Thomas J. Heckman CFO (913) 814-7774
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