Fear and expense of lawsuit going to court is what is driving the process.
We have 503 Panasonic cameras in the Hyatt Regency Orlando Convention Center. We were using server based Aimetis for the recording along with six Panasonic NV400s They were served last year and settled with them for some undisclosed amount of money.
BEWARE - most large company purchase orders have an indemnification clause within them. This clause makes you liable for the both the clients legal costs/defense and the result of the lawsuit.
Aimetis's position, after reviewing the suit, is that they sell the software AS IS and are not responsible. Panasonic legal did not even fell compelled to give a legal opinion.
On 12/31/2014, another one of our customer, the Hilton Garden Inn in Daytona Beach, was served with the identical lawsuit. Here we have 41 cameras running on Aimetis. The suite was forwarded to Aimetis and Panasonic.
This location is run by a very nice your gentleman who now has no idea about how to defend against this patent Troll.
This is having a very CHILLING effect on the industry
Hyatt held us responsible. The saving grace for us was that the original installation and contract was with the Peabody Hotel in Orlando (which they purchased) and the disclosure we use with them somewhat limits our liablity.
We will no longer provide any details about any installation. Both of the customers that were sued have appreared in White Papers or on the web. We just demanded that Aimetis take all of our customers of their web available customer list.
The worst part about this is that the patent is so general that anything and everything, including cell phones and tablets, would violatre the patent. VERY CHIILING EFFECT!!!
Although it is the right of the patent owner to sue those who infringe, in these smaller end-user cases, how can it be worth it to Hawk to pursue them?
Even with the Hyatt incident with 500 cameras, would they likely be awarded more than $10 a camera?
Disclosure - I am a Genetec employee
Genetec has obtained a covenant from Hawk Technologies not to sue any of our suppliers, customers, integrators, distributors or product end users or their succesors or assigns for patent infringement
If you are a Genetec dealer or end user and have additional questions please feel free to contact us
Scott Thomas - Global Director of Retail Market Development