After three years of litigation, Shook has won summary judgment for TASER International, Inc. (now Axon Enterprise, Inc.), in a case in which plaintiff Digital Ally, Inc., sought more than $200 million in alleged infringement damages relating to a patent on body camera technology used by law enforcement agencies.
Digital Ally filed suit against TASER in 2016, alleging not only infringement of two patents, but also antitrust violations, unfair competition, and state law causes of action. Shook successfully moved to dismiss all but the patent claims, and that decision was affirmed on appeal. Over the last two years, the Shook team succeeded in getting Digital Ally to dismiss one of its patents with a covenant not to sue, as well as in having half of the claims dismissed in the sole remaining patent asserted against TASER’s “Signal” technology - positioning the remainder of the case for summary judgment.
Digital Ally has filed a notice of appeal to the U.S. Court of Appeals for the Federal Circuit.
The case is Digital Ally, Inc. v. TASER Int’l, Inc., No. 16-2032 (D. Kan.) The Kansas City Business Journal reported on the decision in “Digital Ally Loses Patent Infringement Case Against Taser-Maker, Vows to Appeal,” June 19, 2019.