Axon Seeks Continued Delay In Digital Ally Case With Another PTO Petition

Axon Enterprise Inc (NASDAQ:AAXN) is undeterred by recent setbacks in the everlasting Digital Ally, Inc. (NASDAQ:DGLY) conflict.

The U.S. Patent and Trademark Office denied Axon’s petitions for inter partes review of Digital Ally’s ‘452 patent in July, shortly after issuing Axon a favorable ruling on the ‘292 patent. The USPTO ultimately determines the validity of Digital Ally’s lawsuit surrounding body camera technology.

“The most recent IRP denial has no bearing on the litigation as Digital previously withdrew Claim 1 of the ‘452 patent from the district court case,” Steve Tuttle, Axon vice president of strategic communications, told Benzinga.

With one claim off the table, then, Axon is now pushing to clear additional complaints. This week, it filed a petition for the USPTO to rehear its IPR regarding Claim 10 of the '452 patent.

The last USPTO petition prompted a stay in litigation, with the district court judge vacating future dates pending resolution of outstanding motions. Tuttle anticipates the delay to remain in effect as the latest petition and IPRs on claims for the '292 patent remain pending.

The case involves the automatic activation and coordination of police recording technology.

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