HomeMy WebLinkAboutResolution 4376-11-2014 I
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A Resolution
NO. 4376-11-2014
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RATIFYING THE ENGAGEMENT OF THE LAW FIRM OF WHITAKER,
CHALK, SWINDLE & SCHWARTZ PLLC, AS OUTSIDE LEGAL COUNSEL,
FOR LEGAL SERVICES RELATED TO CAUSE NO. 6:14-cv-00725, 3RD EYE
SURVEILLANCE, LLC, V. CITY OF FORT WORTH, TEXAS, FILED IN THE
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF
TEXAS, TYLER DIVISION
WHEREAS, the City of Fort Worth periodically requires legal advice regarding intellectual
property related matters; and
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WHEREAS, a specific need has arisen to defend the City in a lawsuit alleging patent
infringement; and
WHEREAS, the law firm of Whitaker, Chalk, Swindle & Schwartz PLLC, has expertise in the
field of patent law and has defended numerous lawsuits alleging patent infringement.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
I.
The engagement of Whitaker, Chalk, Swindle & Schwartz PLLC, as outside legal counsel, be
ratified and confirmed pursuant to Chapter VI, Section 3, of the City Charter, in order to provide Legal
Services related to Cause No. 6:14-cv-00725, P Eye Surveillance, LLC, v. City of Fort Worth, Texas,
Filed in the United States District Court for the Eastern District of Texas, Tyler Division
II.
All legal fees to be paid to Whitaker, Chalk, Swindle & Schwartz PLLC, including any necessary
court costs, are to be paid by e-Watch Corporation pursuant to City Secretary Contract No. 45257.
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Adopted this 4ffi day of November, 2014. O 4*4 '
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City f Fort Worth Texas
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Mayor and Council Communication f
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�,�,�,� _ CO.UNCIL ACTIOvN. .:Approved on 111412014 Resolution No. 4376 1�1 2014 N.��j
DATE: Tuesday, November 04, 2014 REFERENCE NO.: **G-18351
LOG NAME: 12PATENT INFRINGEMENT
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SUBJECT: i
Adopt Resolution Ratifying the Engagement of the Law Firm of Whitaker, Chalk, Swindle & Schwartz
PLLC, as Outside Legal Counsel, for Legal Services Related to Cause No. 6:14-CV-00725, 3rd Eye
Surveillance, LLC, v. City of Fort Worth, Texas, Filed in the United States District Court for the Eastern
District of Texas, Tyler Division (ALL COUNCIL DISTRICTS) i
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RECOMMENDATION:
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It is recommended that the City Council: i
1. Adopt the attached resolution ratifying and confirming the engagement of the law firm of Whitaker,
Chalk, Swindle & Schwartz PLLC, as outside legal counsel, for legal services related to Cause No. 6:14-
cv-00725, 3rd Eye Surveillance, LLC, v. City of Fort Worth, Texas, Filed in the United States District Court
for the Eastern District of Texas, Tyler Division, pursuant to Chapter VI, Section 3 of the City Charter; and
2. Designate that all legal fees to be paid to Whitaker, Chalk, Swindle & Schwartz PLLC, and any
necessary court costs, are to be paid by e-Watch Corporation pursuant to City Secretary Contract No.
45257.
DISCUSSION:
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On December 31, 2013, the City entered into City Secretary Contract No. 45257 (the Contract), a
Professional Services Agreement with e-Watch Corporation (e-Watch) to provide software licensing,
implementation services, end-user training and annual maintenance for a Consolidated Video Security j
System (CUSS) for the Fire Department. On August 29, 2014, the City was served with a lawsuit by 3rd
Eye Surveillance, LLC, alleging patent infringement against the City for use of the e-Watch CUSS under
the Contract.
Pursuant to the Contract, the City is entitled to indemnification and defense of the claim from e-Watch.
Due to filing deadlines, a response from the City was due to the Eastern District Court shortly after the
lawsuit was filed. In order to ensure proper representation and to ensure that a default judgment was not
entered against the City, a-Watch and the City Manager's Office retained Whitaker, Chalk, Swindle &
Schwartz PLLC, to represent the City in this matter. Pursuant to Chapter VI, Section 3 of the City Charter, i
the City Council must take formal action to engage Whitaker, Chalk, Swindle & Schwartz, PLLC, as
outside legal counsel for the lawsuit.
Since 2004, the City Council has authorized the use of Whitaker, Chalk, Swindle & Schwartz PLLC, to
provide legal services for the City's intellectual property related matters. The City Attorney's Office
recommends engaging Richard "Rocky" L. Schwartz, with the law firm of Whitaker, Chalk, Swindle &
Schwartz PLLC, as outside legal counsel for his experience, expertise and specialization in patent law. All
legal fees, including any necessary court costs, will be paid by a-Watch pursuant to the Contract.
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Logname: 12PATENT INFRINGEMENT Page 1 of 2
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FISCAL INFORMATION /CERTIFICATION:
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The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
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Submitted for City Manager's Office by: Susan Alanis (8180) j
Originating Department Head: Sarah J. Fullenwider (7606)
Additional Information Contact: Maleshia B. Farmer (7887)
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Logname: 12PATENT fNFRINGEMENT Page 2 of 2