Digital Ally and WatchGuard Reach a Resolution of their Pending Patent Infringement Litigation
May 14 2019 - 9:00AM
Digital Ally, Inc. (NASDAQ: DGLY), Digital Ally, Inc. (“Digital
Ally”) and WatchGuard, Inc. f/k/a Enforcement Video, LLC d/b/a
WatchGuard Video (“WatchGuard”) have reached a resolution of the
pending patent infringement litigation brought by Digital Ally
against WatchGuard. On May 26, 2016, Digital Ally initiated a
patent litigation against WatchGuard for alleged infringement of
United States Patent Nos. 8,781,292 (the “’292 Patent”), 9,253,452
(the “’452 Patent”), and 9,325,950 (the “’950 Patent”). The action
was filed in the U.S. District Court for the District of
Kansas. On May 13, 2019, the parties resolved the dispute and
executed a settlement agreement in the form of a Patent License and
Settlement Agreement. The litigation will be dismissed with
prejudice as a result of this settlement.
The resolution of the dispute centers around the following key
terms:
• WatchGuard will pay Digital Ally a one-time, lump sum
settlement payment of six (6) million dollars. • Digital Ally
has granted WatchGuard a perpetual covenant not to sue if
WatchGuard’s products incorporate agreed-upon modified recording
functionality. • Digital Ally has also granted WatchGuard a
license to the ’292 Patent and the ’452 Patent (and related
patents, now existing and yet-to-issue) through December 31, 2023.
The parties have agreed to negotiate in good faith to attempt to
resolve any infringement that occurs after the license period
expires. • The Parties have further agreed to release each
other from all claims or liabilities pre-existing the settlement.
• As part of the settlement, the parties agreed that
WatchGuard is making no admission that it has infringed any of
Digital Ally’s patents.
Similar information will be made
available through a filing required to be made by Digital Ally with
the SEC. Given the confidentiality terms of the settlement
agreement, the parties do not expect to be making further public
comments about the terms of the settlement agreement not discussed
herein.
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.
For additional news and information please
visit www.digitalallyinc.com
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Contact InformationStanton Ross, CEOTom
Heckman, CFODigital Ally, Inc913-814-7774
info@digitalallyinc.com
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: whether the Company will achieve
positive outcomes in its litigation with Axon, the parties will
comply with the terms of the Patent License and Settlement by
and between the Company and WatchGuard; competition from larger,
more established companies with far greater economic and human
resources; its ability to attract and retain customers and quality
employees; the effect of changing economic conditions; its ability
to integrate and commercialize the technology related to the new
patents being issued to the Company; its ability to protect its new
and existing patents from challenges by competitors; our ability to
protect and enforce the patents surrounding the Company’s VuLink®
technology; whether the Company will be able to adapt its
technology to new and different uses, including being able to
introduce new products; competition from larger, more established
companies with far greater economic and human resources; its
ability to attract and retain customers and quality employees; 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, 2018, as filed with the Securities and
Exchange Commission.
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