Axon Wins Patent Suit Shutting Down 3rd Consecutive CEW Infringer
Willful Infringement Damages and Sanctions Awarded by Federal Court
The Court's Order has clear international consequences since both Phazzer and its
"This is a huge win for us," said
TASER obtained a judgment and permanent injunction against Stinger Systems' infringing S-200 CEW in 2010, and against
In imposing severe sanctions against Phazzer, including an award of Axon's attorneys' fees and costs, the Court found that Phazzer "engaged in a pattern of bad faith conduct designed and intended to delay, stall, and increase the cost of this litigation," and that Phazzer repeatedly disregarded Court Orders thereby exhibiting "contemptuous", "egregious", "flagrant" and "intentional obstructionist behavior" resulting in willful "abuse [of] the judicial process." "It is truly stunning," Klint said, "that a company which seeks to do business with law enforcement would show such distain to the Court and our system of justice."
Axon's patent (
The Axon trademark that is the subject of the injunction is Federal Registration No. 4,423,789, relating to the non-functional shape of TASER CEW cartridges used to launch the darts. The Court found the trademark "valid and enforceable, not generic, functional, or merely descriptive, and infringed by Phazzer." The permanent injunction covers all Phazzer CEW dart cartridges that are confusingly similar to, or not more than a colorable imitation of, TASER CEW cartridges, and expressly includes Phazzer product numbers 1-DC15, 1-DC21, 1-DC25, 1-DC21-SIDT, 1-PB30, 1-PB8F, 1-PB15943, 1-RB30, 1-PA30, and 1-LOWIMPT2015.
The Court expressly found that Phazzer cartridges currently marketed and sold as compatible with TASER brand CEWs embody the protected appearance and constitute infringing products enjoined under its Order. Phazzer was also ordered by the Court "not [to] challenge or continue to challenge the validity or enforceability of the '789 Registration in any manner in any forum, including the USTPO." Accordingly, Phazzer's pending USPTO cancellation action, which was stayed while the litigation ran its course, will be dismissed.
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- In the field - Our Smart Weapons offer a less-lethal intermediate use of force response and our body-worn and in-car cameras collect video evidence to capture the truth of an incident; and our mobile applications enable simple evidence collection.
- At the station - Our secure, cloud-based digital evidence management solution allows officers and command staff to manage, review, share and process digital evidence using forensic, redaction, transcription, and other tools.
- In the courtroom - Our solutions for prosecutors make collaborating across jurisdictions and agencies easy so that cases can be resolved quickly.
We work hard for those who put themselves in harm's way for all of us. To date, there are more than 100,000 licensed users from around the world and more than 185,000 lives and countless dollars have been saved with the Axon network of devices, apps and people. Learn more at www.axon.com or by calling (800) 978-2737.
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