PRE-TRIAL DEADLINES SET FOR JANUARY 2019
Lenexa, KS, July 25, 2018 (GLOBE NEWSWIRE) -- Digital Ally, Inc. (NASDAQ: DGLY) is pleased to announce that the
U.S. District Court for the District of Kansas set the final pre-trial schedule for its litigation against Axon Enterprise, Inc.
(“Axon” formerly TASER International, Inc.). The Court’s final scheduling order sets a rapid pace to finalize the litigation with
discovery closing on September 17, 2018 and the Final Pretrial Conference taking place on January 16, 2019. A jury trial date
will be set shortly after the Final Pretrial Conference.
This trial schedule follows the Court’s claim construction order (e.g., the “Markman ruling”) where the
Court rejected all of Axon’s arguments and sided with Digital on every issue. In doing so, the Court rejected Axon’s attempt to
unduly narrow Digital Ally’s patent rights and confirmed that Digital’s patent claims are not indefinite, as Axon alleged. With
this ruling, Axon has now lost every substantive challenge it has made against Digital’s patents—four inter partes
reviews, one ex parte reexamination, and the Markman ruling.
Digital Ally’s litigation against Enforcement Video, LLC (d/b/a WatchGuard Video) (“WatchGuard”) also is rapidly
moving towards completion with its Final Pretrial Conference set for April 9, 2019. Because WatchGuard is bound by the IPRs and
Markman ruling in the Axon case, it also will be severely limited in its remaining defenses.
“We are finally closing in on the finish line,” said Stanton Ross, Digital Ally’s CEO. “Axon and
WatchGuard have thrown everything they can at avoiding our patents and we have beaten back every single attempt,” said Ross. “With
a Final Pretrial Conference in January 2019, the actual trial of this dispute is now in sight. Hopefully this schedule brings
certainty to law enforcement agencies across the country that are looking for clarity on the rightful owner of this patented
auto-activation technology,” Ross concluded.
About Digital Ally
Digital Ally, Inc., 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.
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 schedule upon which the Company’s
litigation against Axon Enterprise, Inc. and WatchGuard will proceed; whether the Company will prevail in its patent
litigation against Axon and WatchGuard; the amount of any damages that might be awarded to the Company if it is successful in
the litigation; competition from larger, more established companies with far greater economic and human resources; its
ability to attract and retain customers and quality employees; and the effect of changing economic conditions. These cautionary
statements should not be construed as exhaustive or as any admission as to the adequacy of the Company’s disclosures. It 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. Digital Ally does not undertake to publicly update or revise
forward-looking statements, whether because 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, 2017 and quarterly report on Form 10-Q for the three months ended March 31, 2018, as filed with the Securities
and Exchange Commission.
Contact Information Stanton Ross, CEO Tom Heckman, CFO Digital Ally, Inc. 913-814-7774 info@digitalallyinc.com
