Two former Calgary Parking Authority
executives are interfering in the city's bid to patent ParkPlus, the city and
parking agency allege in a $42-million lawsuit filed against the pair.Find
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The suit and injunction bid reveal the long-simmering feud over intellectual property rights for Calgary's parking system. The city wants to ensure former parking general manager Dale Fraser and enforcement manager Al Bazar have no claim to the potentially lucrative technology the city wants to market to parking entities in Canada and abroad.
The legal action also reveals the moves the pair allegedly made last month that pushed the city and Calgary Parking to sue them.
On Oct. 19,Find detailed product information for howo spareparts and other products. Bazar and Fraser - listed as ParkPlus inventors on the patent application - filed powers of attorney with the U.S. Patent and Trademark Office that purported to replace the city's patent agent attorney with one nominated by themselves, according to a statement of claim filed Oct. 31.
That new attorney filed a response to the patent examiner's latest volley in the application process, completely different to what the city's lawyer filed two days later, on Oct. 22.Our vinyl floor tiles is more stylish than ever!
Last month, Fraser and Ba-zar also assigned their interest to an Alberta-based numbered company that is now claiming it owns intellectual rights to ParkPlus, and is also named in the lawsuit.
"We shall protect and enforce these rights," Loudon Owen, the numbered company's president, said Monday in an e-mail on behalf of the trio of defendants.
Owen is listed as a principal with Patent Monetization Inc., an unrelated Toronto firm.
The city is claiming damages for $42 million for the delay in its patent bid, the "blot" of competing ownership claims on the patent application and "loss of licensing revenue or patent infringement damages available to the City/CPA once a patent is issued by the USPTO but not before," the lawsuit states.
The former executives' recent moves, the city's lawsuit says, were only the latest unfair action on the ParkPlus patent made by Bazar and Fraser. The city terminated both men's employment in May 2011.
In 2009 and 2010, while the pair were still Calgary Parking executives, they refused to meet city demands that they sign a document transferring to the city any interest Bazar or Fraser may have had on the ParkPlus patents in the United States or another country.
"The breaches by Fraser and Ba-zar demonstrate their self-interested conduct and callous disregard for their fiduciary and other duties and for the rights and interests of the City/CPA," the lawsuit says.
The city will seek a court injunction Wednesday to remove the Fraser and Bazar lawyer from the patent process, to make them try removing his response from the application system, and to restrain the pair from interfering in any further patent matters.
None of the allegations have been proven in court.China plastic moulds manufacturers directory.
Owen, speaking on behalf of the defendants, declined to comment on the merits of the case.Our technology gives rtls systems developers the ability. "We are confident that we will prevail in this dispute," his e-mail stated.
According to the city's claim, the former executives didn't invent the ParkPlus system of parking enforcement, meters and payment on their own. They were part of the agency's management team that, along with paid consultants, developed the integrated technology.
"The City of Calgary and the CPA have taken all reasonable measures to resolve this matter outside the courts," authority chairman Dickson Wood said in a written statement to the Herald. "Regrettably, actions taken recently by Mr. Fraser and Mr. Bazar have compelled the City and the CPA to seek the court injunction."
Council recently authorized Calgary Parking to begin pursuing would-be licensees of ParkPlus, after preliminary interest from cities such as Edmonton and Banff. But council stopped short of giving the authority its full blessing to market the system.
"We've still got patent issues outstanding, so where does that fit into this?" Ald. Gael MacLeod said in September, before stepping down last month as a parking authority director.
The suit and injunction bid reveal the long-simmering feud over intellectual property rights for Calgary's parking system. The city wants to ensure former parking general manager Dale Fraser and enforcement manager Al Bazar have no claim to the potentially lucrative technology the city wants to market to parking entities in Canada and abroad.
The legal action also reveals the moves the pair allegedly made last month that pushed the city and Calgary Parking to sue them.
On Oct. 19,Find detailed product information for howo spareparts and other products. Bazar and Fraser - listed as ParkPlus inventors on the patent application - filed powers of attorney with the U.S. Patent and Trademark Office that purported to replace the city's patent agent attorney with one nominated by themselves, according to a statement of claim filed Oct. 31.
That new attorney filed a response to the patent examiner's latest volley in the application process, completely different to what the city's lawyer filed two days later, on Oct. 22.Our vinyl floor tiles is more stylish than ever!
Last month, Fraser and Ba-zar also assigned their interest to an Alberta-based numbered company that is now claiming it owns intellectual rights to ParkPlus, and is also named in the lawsuit.
"We shall protect and enforce these rights," Loudon Owen, the numbered company's president, said Monday in an e-mail on behalf of the trio of defendants.
Owen is listed as a principal with Patent Monetization Inc., an unrelated Toronto firm.
The city is claiming damages for $42 million for the delay in its patent bid, the "blot" of competing ownership claims on the patent application and "loss of licensing revenue or patent infringement damages available to the City/CPA once a patent is issued by the USPTO but not before," the lawsuit states.
The former executives' recent moves, the city's lawsuit says, were only the latest unfair action on the ParkPlus patent made by Bazar and Fraser. The city terminated both men's employment in May 2011.
In 2009 and 2010, while the pair were still Calgary Parking executives, they refused to meet city demands that they sign a document transferring to the city any interest Bazar or Fraser may have had on the ParkPlus patents in the United States or another country.
"The breaches by Fraser and Ba-zar demonstrate their self-interested conduct and callous disregard for their fiduciary and other duties and for the rights and interests of the City/CPA," the lawsuit says.
The city will seek a court injunction Wednesday to remove the Fraser and Bazar lawyer from the patent process, to make them try removing his response from the application system, and to restrain the pair from interfering in any further patent matters.
None of the allegations have been proven in court.China plastic moulds manufacturers directory.
Owen, speaking on behalf of the defendants, declined to comment on the merits of the case.Our technology gives rtls systems developers the ability. "We are confident that we will prevail in this dispute," his e-mail stated.
According to the city's claim, the former executives didn't invent the ParkPlus system of parking enforcement, meters and payment on their own. They were part of the agency's management team that, along with paid consultants, developed the integrated technology.
"The City of Calgary and the CPA have taken all reasonable measures to resolve this matter outside the courts," authority chairman Dickson Wood said in a written statement to the Herald. "Regrettably, actions taken recently by Mr. Fraser and Mr. Bazar have compelled the City and the CPA to seek the court injunction."
Council recently authorized Calgary Parking to begin pursuing would-be licensees of ParkPlus, after preliminary interest from cities such as Edmonton and Banff. But council stopped short of giving the authority its full blessing to market the system.
"We've still got patent issues outstanding, so where does that fit into this?" Ald. Gael MacLeod said in September, before stepping down last month as a parking authority director.
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