JACKSONVILLE, Fla. – A federal lawsuit filed last month accuses Norfolk Southern, one of the country’s largest freight railroad companies, of infringing on patents for detecting train defects in real-time.
Plaintiff Duos Technologies Inc. filed its lawsuit in the U.S. District Court for the Middle District of Florida, Jacksonville Division.
Duos contends defendant Norfolk Southern Corp. is infringing on patents for its AI-powered automated inspection portal technology. The technology combines imaging, speed detection, and AI for detecting rail defects.
Duos, based in Jacksonville, specializes in AI and computer vision for automated inspections in transportation.
“Norfolk Southern, without authorization, has used Duos’s patented technology in its inspection systems, continued such use after explicit notice, and falsely represented or implied that its infringing systems were its own innovations,” the company’s 23-page complaint states.
In particular, Duos claims Norfolk Southern – which is headquartered in Atlanta, but maintains substantial operations in Norfolk, Virginia – has infringed on four U.S.-registered patents.
They include:
U.S. Patent No. 10,523,858, called the Apparatus and Method to Capture Continuous High Resolution Images of a Moving Train Undercarriage, issued on Dec. 31, 2019;
U.S. Patent No. 11,974,035, called the Device to Capture High Resolution Images of a Train as It Passes Through a Portal, issued on April 30, 2024;
U.S. Patent No. 11,891,098, for the Artificial Intelligence that Detects Defects in Trains and Method to Use, issued on Feb. 6, 2024; and
U.S. Patent No. 12,188,846, for the Capturing Images of the Underside of a Train, issued on Jan. 7, 2025.
“Each of the Duos Patents is duly issued, valid, and enforceable,” the complaint states. “Collectively, they represent years of research and development into automated inspection systems that have transformed rail safety and maintenance practices.”
In its filing, Duos notes that Norfolk Southern has made “numerous” public statements, demonstrations, and technical disclosures confirming their use of technology that infringes the patents.
And despite three written infringement notices, the railroad has failed to address or rebut the “element-by-element overlap” between the accused systems and the asserted patent claims, Duos contends.
“Norfolk Southern’s infringement is willful. Having received explicit notice, it nevertheless continued and expanded the deployment of infringing systems,” the complaint states.
The company also accuses the railroad of unfair competition and deceptive trade practices.
“Norfolk Southern’s unlawful use of Duos’s patented systems gives it an unjust cost advantage, distorts fair competition in the rail industry, deprives Duos of licensing opportunities, and undermines Duos’s reputation as the recognized leader in automated inspection technology,” its filing states.
Duos alleges Norfolk Southern has misrepresented or implied in industry settings that its inspection systems are its own innovation, thus misleading regulators, customers, and stakeholders.
“Upon information and belief, Duos has learned from significant industry participants that Norfolk Southern is currently engaged in merger, acquisition, or similar strategic transaction discussions,” the complaint states.
“In connection with these discussions, Norfolk Southern has been actively representing to prospective transaction partners, industry stakeholders, and other relevant market participants that its Digital Train Inspection Portals and related technology are its own proprietary innovations and that it holds complete ownership rights thereto and is marketing those Portals for sale.
“These representations are false and misleading, as the underlying intellectual property belongs to Duos pursuant to the Duos Patents.”
Duos seeks damages, enhanced damages for willful infringement, disgorgement of profits, injunctive relief, and corrective orders to prevent further market harm.
Lawson Huck Gonzalez PLLC in Coral Gables, Florida, is representing Duos in the action.
