Jessica M. Karmasek Nov. 4, 2014, 9:55am

TYLER, Texas (Legal Newsline) - A Plano, Texas, security company last week filed a lawsuit in federal court against the city of Austin for allegedly infringing at least one of its patents.


Plaintiff 3rd Eye Surveillance LLC filed its lawsuit in the U.S. District Court for the Eastern District of Texas, Tyler Division, Oct. 27.


The company claims it is the exclusive licensee of U.S. Patent Nos. 6,778,085 entitled, “Security System and Method with Realtime Imagery”; 6,798,344 entitled “Security Alarm System and Method with Realtime Streaming Video”; and 7,323,980 entitled, “Security System and Method with Realtime Imagery.”


The ‘085 patent relates generally to video security systems, and, in particular, to systems that record, store and transmit images through the use of computer equipment, digital storage and an electronic communications network.


The ‘344 and ‘980 patents relate to video security systems that store, retrieve and transmit images.


“On information and belief, Austin has committed, and continues to commit, acts of infringement in violation of 35 U.S.C. § 271(a) by using security systems that infringe one or more claims of the ‘980 patent,” 3rd Eye’s attorney wrote in the six-page complaint.


3rd Eye contends the city’s infringement of the ‘980 patent “has been and continues to be willful.”


The company argues that it has suffered “substantial” damage and “irreparable” injury because of the city’s continuing infringement, and contends it will continue to suffer unless and until Austin is enjoined by the federal court.


3rd Eye notes in its complaint that it is currently investigating whether the city is infringing the ‘085 and ‘344 patents.


It says it “needs more information before making its determination.”


In addition to a permanent injunction, 3rd Eye seeks damages no less than a “reasonable” royalty plus interest, costs, enhanced damages of up to three times the amount of its actual damages, pre-judgment and post-judgment interest on the damages assessed, attorneys’ fees and expenses.


The company also demands a jury trial.


Stephen A. Kennedy of Kennedy Law P.C. in Dallas is representing 3rd Eye.


The city of Austin could not immediately be reached for comment on the lawsuit.


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