Earnings Labs

Kustom Entertainment, Inc. (KUST)

Q2 2019 Earnings Call· Thu, Aug 15, 2019

$3.65

-4.45%

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Transcript

Operator

Operator

Good morning and welcome to the Digital Ally 2019 Second Quarter Results Conference Call. All lines have been placed on mute to prevent any background noise. After the speakers' remarks, there will be a question-and-answer session. [Operator Instructions]. Thank you I will now turn the call over to Stan Ross, CEO. Please go ahead, sir.

Stanton Ross

Analyst

Thanks everybody for joining us. I have with me today Tom Heckman, the Company’s CFO which will do a little recap of last quarter's numbers and then I will touch on some of the highlights we had last quarter and also give a little insight to that we see as a remainder of 2019 for the future. Tom.

Tom Heckman

Analyst

Thank you Stan and welcome everyone for joining us. I do wanted to let you know that we filed our Form 10-Q yesterday evening and hopefully you have had a chance to look at it. It will be a more detailed analysis of the quarterly operating results and then I will go through here. I will discuss a few of the major events and initiatives that happened during the second quarter, which we believe will also our continue for the rest of 2019 and beyond in a good way. So, let's look at some of those major events. First of all, in a litigation aspect, we had two major events. Number one, the WatchGuard settlement, which has been out there and we have done press releases, so hopefully everyone is in tune with what happened there. We did receive $6 million cash in settlement of that litigation. And more importantly, they have until December 2023 to design and workaround and implement and workaround where we can reinstitute a law suit at that time. So, it is a $6 million settlement that we received during the second quarter and obviously had a big impact to our financials. The second area and not so good impact was a summary judgment motion was granted by the judge in the Axon case. I would tell you that number one, that is unexpected, and number two, is unfortunate, but number three is reversed on appeal. We have appealed it and we fully, fully believe that will be reversed as an area in judgment by the judge on granting that. So, we are very optimistic on the results of that, the problem is that has delayed the lawsuit and us getting in front of judge and jury with Axon for a number of months. I can't…

Stanton Ross

Analyst

Yes, thanks a lot Tom. It was a great sort of recap and also a good insight to where we see things developing over the next few months and quarters. I’m very excited to maximize the understanding of the most recent notice that we received in regards to the breathalyzer patent and that begin as the total new market that we will be able to enter into that should enhance our ability to get in front of different law enforcement departments and other areas outside even in the commercial side of things, which did get utilization for breathalyzer outside of law enforcement. So that along with some of the other patents that we are pretty optimistic that are coming down the pipeline that to give us a leg up in numerous areas. I think you will see a couple of new partnerships that will be announced between now and end of the year. So, I agree with Tom and I think the whole Board does that we have a very exciting outlook in regards to the remainder of this year and clearly one into through next year on how these products could really get a lot of traction and continue to grow. So I think what we will do now, is go ahead and open up the floor for some Q&A.

Operator

Operator

Thank you [Operator Instructions]. And your first question is comes from [Donald DeFilippo] (Ph). And Donald your line is open. [Operator Instructions].

Stanton Ross

Analyst

Lets jump to the next one.

Operator

Operator

Okay. Your next question is from Bryan Lubitz [Aegis Capital Corporation].

Bryan Lubitz

Analyst

Good morning guys.

Stanton Ross

Analyst

Good morning Bryan.

Bryan Lubitz

Analyst

Question about the patents that you guys have just referenced, Tom had referenced in terms of breathalyzer patent. Did you guys say you are looking for ways to monetize that into the product or you are already marketing that, what is the end result in terms of what that can do in terms of bringing sales to the actual product?

Stanton Ross

Analyst

Yes. So, Bryan this is Stan. The technology and the patents surrounding the breathalyzer, we have got a couple of different options. One is, flat go out and try to reinvent the wheels a little bit and design our own product and announce it. Or we could sit there and which is a much quicker path and partner up with one a half of dozen breathalyzer companies that are out there, that would be able to have sort of the exclusivity in this particular patent. And that way they have got a real and/or large customer base, the video side of it would allow us to come into sort of their market area as well. So, we are either going to - and I have to tell you, we are leaning towards partnering up, with someone more than anything in regards to implement our technology into their breathalyzers and then having that coupled with our video solutions.

Bryan Lubitz

Analyst

Okay. Also this past quarter out of U.S. Patent Office, you guys were granted if I'm remembering correctly a patent on the Stun Gun. Can you elaborate on that?

Stanton Ross

Analyst

Yes. So, the wireless TASER basically is what we call it in short. We did receive a patent on it. There is clearly uniqueness about what its capabilities are able to do surrounding the patent. Again, it is a quite a bit more of a little bit of a challenge for us to implement that versus say the most recent patent that we got on the breathalyzer that is definitely something that is in the queue in regards to our research and development in figuring out how to bring that to market.

Bryan Lubitz

Analyst

When you say challenge, what exactly you are talking about, it is I mean…

Stanton Ross

Analyst

Yes, exactly. I mean again you know you got to look at - this is a pretty cool device you know instead of the standard Stunt Guns that are out there now utilizing wires to connect to probes that create the energy that stuns the individual, this would be a wireless device. So, you are actually launching a module that would hit the individual and then be able to deliver the stun. And there’s also a situation that you can regulate the intensity of the stun as well. So, it is little more of a challenge in the development than like I’m saying the other breathalyzer technology.

Bryan Lubitz

Analyst

So, manufacturing part of it is where you think you see a hurdle, is that what you are trying to say?

Stanton Ross

Analyst

Yes, all the above. We have got more work to do.

Bryan Lubitz

Analyst

All right. Now, you guys have mentioned that you had a couple of different partnerships that you started this past quarter, KMC Brands, the racecar company and obviously, Kansas City and MetLife. Do we expect to see revenue generated out of these partnerships that should allow us to go profitable in the future?

Stanton Ross

Analyst

Yes. I mean, you can definitely see the avenues that we are going down in the situational security side of things in the business, like Tom said, we are up to 25% of our revenues now reoccurring revenue. And so, it continues to grow and we continue to have relationships that we are building up on. These are nice contracts, three-year contracts. And they are filling us out a little bit, what their needs are. But, I think you will see additional - not only partnerships come in to the sectors we have already discussed, but I think you are going to see some new areas where our video solution will come into play that we will be able to announce, that we have not dabbled in, in the past.

Bryan Lubitz

Analyst

So, you are expecting more partnerships to arrive out of, I guess NASCAR and your relationships there?

Stanton Ross

Analyst

Absolutely, that NASCAR relationship, the Indy relationship, the B2B that has been developed through those groups, it is priceless. I mean, we are getting in front of the right people to be able to talk to them about how to deliver the right solution for their needs. And as you know, with the engineering capabilities that we have and support, we can adapt to pretty much meet all their needs.

Bryan Lubitz

Analyst

Okay. And that brings me to my last question for you guys. Couple of months ago, right before or a month-ago, right before you guys released EVO, you had a press release saying that the presale orders were well ahead of expectations. If you were to comment, Stan, on your pilot programs right now and the amount of I guess people that you are working with companies, that you are working with one these pilot programs, what would you say in terms of based upon the amount you are working with today as compared to the history of the Company?

Stanton Ross

Analyst

The EVO product is absolutely lived up to expectations. I mean, that is the bottom line. And so, now, if we have got a department that has a need, has the capital, and we are able to go in there and show them what all this product is capable of doing, we really, really looked upon very favorably for them to come our direction. And they are not pilots programs anymore. We are looking at orders coming in. I mean, it is starting to happen. I mean, they love the product.

Bryan Lubitz

Analyst

So, you had pilot programs a month or so ago, and now you are actually converting those into contracts is what you are saying?

Stanton Ross

Analyst

Correct.

Bryan Lubitz

Analyst

Okay. Well, thank you, boys. I appreciate the time, and good luck in the next quarter.

Stanton Ross

Analyst

Thanks, Bryan.

Operator

Operator

Thank you. [Operator Instructions] And you do have a follow-up from Donald DeFilippo.

Unidentified Analyst

Analyst

Now, I have one question and one comment. My question is, in regard to the appellate court, which it provides a forum for an opportunity to not to try the case again, but to get a type of review of one, de novo, which is new; or two, a clear error of the court, which tries to identify a clear error. It will not substitute its own judgment about what the right decision should have been made. Now, can you tell me what the lawyers have come up with, where the error was made by the original court.

Tom Heckman

Analyst

Donald, this is Tom. I will try and answer that. I will preface this by saying I’m not a lawyer, I’m not attorney. But, from what I understand, this is a de novo case where they’ll rehear it and come to their judgment. We believe that the judge misinterpreted the claims in the actual patent. And it was, in our view, a very clear error. So, I guess, what you are asking is that we believe it was a clear error that is reversible and that he did not read the claim correctly. And it is completely reversible. So, number one, it is de novo; it is a new hearing and from the appellate judges on that specific issue. And understand that the judge only ruled on that issue, the summary judgment. He did not say our patent was invalid. What he said was that Axon did not infringe because of that one claim the way he interpreted it. So, we are very optimistic about the outcome of this appeal.

Stanton Ross

Analyst

Yes. Donald, this is Stan. I will just chime in quick. And because we actually just met with them yesterday, the attorneys, and we still all are sort of shaking our head because you would have thought that there may be some areas that maybe he could have misinterpreted, but this one in our opinion was so clear. It was the last thing that we thought he would hang his hat on, because we feel very, very confident that he just misinterpreted it.

Unidentified Analyst

Analyst

I see. And now, you say that this new court hearing might take up to nine months. Is it possible to speed things up sort?

Stanton Ross

Analyst

So, here is what we know, and this is sort of the format. And like I said, we met with them yesterday, so we would be little more informed on for this call. What will happen is that we will file our brief on the 26th of this month. So, we are right around the corner. So, we will have that filed. And then, we were told that I believe it was 40 days that they have to respond, and then we will have a short period of time to respond after that. Then, they will actually schedule - once we file, they will actually schedule the what will I say, the oral argument, where we will actually be in D.C. in front of the panel. And it won’t be just one, it will be a panel. And we will be able to both talk on this subject. And then they normally rule within 90 days. So, you could say that if everything clicked along pretty nicely, you are looking at probably end of ruling could be as early six months, but realistically, you are looking - probably six to nine is the window.

Unidentified Analyst

Analyst

Okay. Very good. Now, I have one comment concerning the bonuses you paid to the officers and yourself. Is it possible you could rescind those bonuses, based on the current financial condition of the Company?

Stanton Ross

Analyst

I don’t know about rescinding. But, I received your letter the other day and I very much appreciated it. It is something that the Board is clearly looking at, what we have to do, what it is going to take for us to get back to profitability. And so, everything is on the table to be looked at, for sure.

Unidentified Analyst

Analyst

Well, that is what everyone is looking for, profitability. Whether it be $0.02 or $0.03 a quarter, whatever, but as long as it is positive.

Stanton Ross

Analyst

We totally agree with you.

Unidentified Analyst

Analyst

Okay. Thank you, Mr. Ross.

Stanton Ross

Analyst

Thank you.

Operator

Operator

Thank you. Our next question is from Brian Rockowitz of Madison Global Partners.

Brian Rockowitz

Analyst

How are you, guys?

Stanton Ross

Analyst

Hey, Brian. How are you?

Brian Rockowitz

Analyst

I’m doing great. Thank you for asking. Tough quarter for you, guys. I wish you tremendous success in this appeal process and going forward with some new business models that you guys are looking to do regarding your new patents. Over the last eight quarters, six of them have seen declines in revenue. Do you attribute any of those declines over those six quarters to Company’s switching over from using your products, law enforcement agencies that you’ve already had on board that have gone to whether it is VIEVU, whether it is Axon or anybody?

Stanton Ross

Analyst

There is obviously a couple of products that we have. But, as far as the in-car systems, I don’t know that that was a dramatic loss on some of - in that area. Obviously, the way that Axon has approached the body camera side of the business and basically buying the business, and given a product away for a year free, that clearly was something that we couldn’t have weathered that storm. And they know. And they took that kind of tactic. And while we think there is a some real issues there, and after they used their product and see the real costs associated with it, I think they may not continue down that path. But, that clearly had an impact on our body camera side of things. The commercial side, again, like Tom mentioned, we are still seeing a good growth there. And you have to realize, Brian, that when we are talking law enforcement, they are making big purchases, okay? And, so you get that upfront flush of money when it comes to the in-car systems and even some of the body cameras to where these contracts that we have on a reoccurring revenue, it is a monthly fee that we are bringing in or even the yearly fee that we are bringing in. So, you don’t see the immediate impact. But, the fact that it is continuing to grow, we are very, very pleased with that.

Brian Rockowitz

Analyst

Okay. And just as a follow-up to the other gentleman’s question about those executive bonuses, of a $1.6 million that you had in SG&A, I guess, last quarter, is that accurate, $1.6 million?

Tom Heckman

Analyst

Yes. Brian, the 1.6 is after the $6 million patent litigation settlement, credit, if you will. So real SG&A expense was like $7.6 million.

Brian Rockowitz

Analyst

And of that, how much of that was contributed to executive bonuses?

Stanton Ross

Analyst

No, I don’t remember that off the top of my head.

Tom Heckman

Analyst

About $450,000.

Brian Rockowitz

Analyst

Okay. Alright, gentlemen. Listen, I wish you guys the best of luck with this appeal and certainly look forward to next quarterly call.

Stanton Ross

Analyst

Thank you, Brian. I would like to thank everybody for calling in today, listening in today. And again, we are very optimistic and excited about the remainder of the year and going into next year because of the new product launches, the continued increase in reoccurring revenue growth and also the patents, the technology that continues to be innovative in the industry. And stay tuned. I’m sure you guys will see some new and exciting partnerships that we have to announce. So, thank you everybody for attending today.

Operator

Operator

Thank you. This does conclude today’s conference call. You may now disconnect.