Tom Heckman
Analyst · Maxim Group
Thank you, Stan. Welcome everyone. I appreciate you joining us today. We did file our Form 10-Q with the SEC yesterday evening at the close of business so hopefully everyone has had a chance to at least look at that. I want to start by reading the normal forward-looking statements. I apologize if it's boring to you, but it's one of those legal things we need to do. So with that I will start. Statements made on today's call will include forward-looking statements including statements regarding our expectations, beliefs, intentions, or strategies regarding the future including statements around projected spending. We intend that such forward-looking statements to be subject to the Safe Harbor provided by the Private Securities Litigation Reform Act of 1995. The forward-looking statements information is based on current information and expectations regarding Digital Ally Incorporated. These estimates and statements speak only as of the date on which they are made, are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict. All forward-looking statements that are made on today's call are subject to risks and uncertainties that could cause our actual results to differ materially. These risks are discussed in our press releases we issued this morning and in greater detail in our quarterly report on Form 10-Q which we filed with SEC last night under the caption Risk Factors. Okay, with that let's get into the 10-Q and what's going on. Obviously the quarter was heavily impacted by both some good and bad events very definitive events. First of all that the overall complex of the quarter was dramatically impacted by the halts and shipments to AMR, just as a background there was an unfortunate accident in June down in Florida that involved with the death of two paramedics involving a drunk driver but that swerved and hit them and unfortunately two of the paramedics lost their lives in that accident. Our system was in that ambulance and the immediate -- it was damaged heavily first of all -- it was damaged heavily, power was cut and we sent some of our technicians down to try to do the initial data recovery they were unable to do so for unknown reasons and unfortunately with deaths involved, the DA gets involved, the attorneys get involved, all parties get involved and at that point the [indiscernible] in suspense and litigation hold and there's been no additional attempts to recover the incident itself. Now I will tell you that the incident was -- there were eyewitnesses and there's really not much doubt and who caused the accident and what happened, but as a result of that all shipments were put on hold by AMR and unfortunately we were sitting on over a $1 million in POs, purchase orders at that point that we were expecting to deliver in the second quarter. Obviously that didn't happen and had a major impact on our quarterly financials. Fast forward to today unfortunately there's not been a lot of discussion between the parties, us and AMR. I think a big piece of that is the fact that AMR last week announced that they were being purchased by KKR in a very large merger involving about $2.4 billion. So obviously there tension was divided at best and we hope to be able to have some more discussions with them and see if there is a path forward that we can get moving and back on track. We do know that AMR is using -- it's using their systems every day, it's about I don’t know 1700, 1800 [indiscernible] as it sits so they are enjoying the benefits of the systems and we hope that we can get that thing back on track and go ahead and build the full deployed fleet of AMR. The second thing that didn't really have a huge impact on the quarter but has a very large impact on us go forward is a very positive results in the Axon litigation. We have issued several press releases and quite frankly and Stan can probably chime in, in our wildest dreams we did not expect to get the very positive results we got from the patent office. We thought that they would at least look at the patent again and confirm validity but no, the results were 100% denial of the institution of the AIPRs against the 452 patent that Taser had proffered to the patent office which is obviously a slam down win for us and we really like that. I've actually, you know I'm not an attorney but I've become a little bit more familiar with patent law and litigation, how it works and I'll try to explain how I understand where we are in this process and I know Stan will probably have some more information about that. There's really three different sections of a patent litigation first, is the patent validation. The second is, determine whether it's infringement and third is the resulting damages. The patent validation section of that, the initial section has actually been validated now by the Patent Office. Patent Office has ruled the patents are valid statutorily Taser or Axon as they are now called is barred from filing any further IPR reviews on the 452 and the 292 patent but they -- you know as far as the patent office that is concerned the patents are valid, validly issued and in effect. The second part of it is determining whether Axon/Taser actually infringe on that patent and I would tell you that it seems that publicly Taser has already admitted to infringing in a press release they admitted that they took the technology in our VuLink and built their signal technology on that and added additional features. So I would say that they've publicly already admitted to that and secondly you know why else would they have filed all the IPR's. They filed an IPR almost two years ago or maybe in a little over two years ago to try to stop the 292 patent before we even had filed any infringement against them. So in any event I think the infringement piece of that we're pretty well through or at least that's how we believe it to be. Now the damages piece of it is a little more interesting, if you look at Axon's quarterly report they have reported in the June 30 quarter that they have cumulative bookings net of cancellations of $606 million and that's not actual revenues to-date that's all the bookings that they expect or anticipate to accrue to them over the life of their Evidence.com and their body camera and sensors divisions. So obviously the numbers are very, very large. They also indicated in their Q3 that they have a $169,000 Evidence.com licenses outstanding. So the numbers are quite large any way you look at it and hopefully if yet things move the way we hope they will you know the damages will be based somewhat off of those numbers. We're now looking at different ways to monetize the patent, monetize the VuLink patent which embodies our 452 and 292 patent. I will tell you that several competitors have already looked at it and I think see the writing on the wall and where this litigation is going and the strength of that patent and they've approached us about licenses and that are teaming up on bid in order to get access to our VuLink technology, that's a very significant right step in the right direction as far as we're concerned it shows that the industry and our competitors are recognizing the validity of our pattern and the strength of our patent and then secondly that it is quickly becoming the standard for the industry. We're also being approached by some large private equity funds about helping us monetize the patents and by monetizing the patent I mean financing the litigation, providing additional funds to develop the surrounding patents and I think we've made press releases in the past and most recently we announced that we have gotten a patent on the mark feature in the body worn camera area as well as the RFID tagging in body cameras both of which we believe have some very innovative and widespread applications not only in law enforcement but elsewhere. So I would say at this time the Board of Directors is considered various ways to truly monetize the VuLink patent and the 452 patent and as well as the other patents and hopefully we will have some news for you in the upcoming weeks or months in that regard but we're really looking forward to monetizing them. From an operational perspective we are aggressively moving to improve our operating results. Obviously we're moving towards a commercial channel in a big way, the sales pipeline in the commercial channel is loaded. It's never been bigger. I will tell you that we've got at least one opportunity that that's on the magnitude of three times the size of the AMR contracts and we're well on our way to booking that contract and hope to have some news here in the near future but that’s just one of many opportunities in our commercial pipeline and we're really gaining traction there and I think you know both Stan and I have said in the past that we believe the commercial channel will ultimately be bigger than the law enforcement channel and I think we're definitely seeing signs of that. Our FleetVu web based platform is really gaining traction and that's what really generates a lot of our service recurring service revenue. So it's a good type of revenue that the commercial group is generating in of it's recurring monthly service revenue. In addition to the FleetVu we're also getting recurring monthly revenues from ATUs, ATUs being asset tracking units which is an add on module that we've put on our FleetVu in the commercial area. We're also generating increased revenues from our cloud based law enforcement storage platform as well as our hybrid cloud that we're working from an international perspective and I'll talk a little bit more about that. But from a law enforcement standpoint we're readdressing how we go to market in that you know right now we have well over 6000 agencies as customers. There's 18,000 agencies in the U.S. So we're virtually in a third of the agencies in terms of numbers. Now we're not necessarily that well represented in the larger agencies but we are certainly in all of the agencies including smaller sheriff's departments and municipalities. So really what you're looking at in terms of a win-loss position you get kind of a tit for tat approach here where you win one, you lose one, you win one, you lose one. So we're going to refocus our efforts into more of a large opportunity network in terms of approaching the market. So we're going to have more centrally located salesman and marketing people that go after larger opportunities from our Kansas City base. So that's a change we're doing in the law area. Now the international market interesting enough is wide open at this point and I think we've talked in the past that there are some very strict cloud storage rules or video storage rules that have been active in the European Union as well as Central and South American in certain cases and we've developed a hybrid storage system that we believe answers the demands of those laws. So we're getting some very good traction and some very large opportunities internationally and we hope that we can bring those to fruition. Now interesting I will also make the comment that that in these larger opportunities we are getting a lot of questions about our patents and the international community and agencies seemed to be as concerned or even more concerned in the U.S. agencies about the litigation and the patents and who's stepping on who's patents on and so forth. So I think all that leads us to believe that the international revenues will improve in the future and at least we hope so. We're also developing new non-law enforcement channels. What we're trying to do there is really capitalize on our engineering group. We've got a very, very talented small but very talented engineering group here and we're able to take individual situations and tailor some engineered solutions for that. You know take for instance the at the Royal Caribbean cruise line situation that's a perfect example of that where our engineering group was able to do design and implement a specialized solution for that niche market. Now I say niche it was a pretty large opportunity for us and there are other opportunities similar to that that we're chasing at this time and I think we'll have some good results there. So overall the quarter was disappointing from a financial results standpoints but we did meet some milestones I think bode well for our future and especially the rest of 2017. First and foremost we got validation of our patent in the Axon lawsuit, now we believe that that thing will move forward expeditiously and I know Stan is eager to talk about the press release we put out this morning about the way we're changing our approach to the litigation with Axon and trying to expedite the court process there. We're anxious to get a solution and hopefully get our share of the damages that that are accruing to us. And we're obviously moving towards monetizing our patents not only the VuLink patent but the RFID and the wireless Taser patent and others as well so and we're getting some help from private equity funds and looking at that and how best to do that. The huge improvement our commercial pipeline is staggering I'm very excited about where our commercial group is going now. We did get the setback with the AMR, halt in POs and process but if we land the three or four large opportunities that are on our pipeline we will forget about AMR. I mean it's that large and that big an opportunity and I'm excited that hopefully we'll have some news for you here in the near future. We are developing a new channels like I talked about and we're trying to capitalize on our engineering group and capabilities that we have in-house here. So hopefully the remainder of 2017 we will be better financially and that we'll be able to report some big wins from the commercial side as well as the international law and move to monetize our patents and other products. So with that I'll turn it back to Stan Ross.