Court Unseals Summary Judgment Ruling in Axon’s Favor in Digital Ally Patent Litigation

August 14, 2019

The federal district court in Kansas City has unsealed its June 17, 2019 ruling granting summary judgment to Axon on Digital Ally’s patent claims. The court’s decision, minimally redacted to protect Axon’s proprietary signal information, held that Digital’s ‘452 patent does not broadly cover all auto-activation technology; but relates much more narrowly to video correlation. As admitted by Digital’s own technical expert, the Axon Signal Unit (ASU) does not broadcast information that can be used for video correlation. Instead, Axon uses patent-pending technology it developed called “Slate” to synchronize and associate related videos completely independent from the ASU.

Although Digital Ally has filed an appeal with the Federal Circuit, Axon is confident the district court’s summary judgment ruling will be upheld by the appellate court. The Federal Circuit previously upheld the district court’s January 2017 dismissal of all of Digital’s antitrust and unfair competition claims.

The strength of Axon’s legal positions are apparent in its now publicly filed motion materials, available at http://axon.com/legal, which include the express testimony of numerous Digital engineers and co-inventors on the ‘452 patent that neither Digital Ally nor its CEO Stan Ross invented auto-activation technology, which existed more than two decades before Digital’s ‘452 patent application in 2013. Auto-activation of recording devices, such as cameras, is simply not new. Indeed, Axon publicly disclosed the use of a police car light bar to wirelessly activate body-worn cameras as early as 2008.