Response to Digital Ally Press Release re '292 Patent
On December 20, 2018, Digital Ally Inc. (“Digital”) issued a press release that incorrectly and misleadingly states that Axon’s voluntary dismissal of its appeal of an Inter Partes Review (“IPR”) regarding Digital’s '292 patent is a “concession” by Axon of the patent's validity. In fact, the USPTO’s decision in the ‘292 IPR proceeding was not a determination of patent validity, nor is Axon’s dismissal of the appeal of that decision a concession.
It is important to note that the '292 patent is irrelevant to the pending District Court litigation between the parties. Indeed, the Kansas District Court dismissed Digital’s ‘292 patent from the pending litigation with prejudice in March 2018, and Digital executed a covenant not to sue Axon on the ‘292 patent on all existing Axon products.
What does remain at issue in the litigation is the validity of Digital's '452 patent. Axon is still challenging the '452 as invalid and not infringed. However, while Digital continues to try its case in the press with red herring press releases, Axon remains focused on supporting its customers and making its case in the courtroom.