P-POD INC. and WEZOR HOLDINGS LTD. v. COMMISSIONER OF PATENTS
Summary of T-665-18
The following information was obtained from the Federal Court or Federal Court of Appeal websites but is NOT the official version. See links below for the court websites.
Federal Court Type: Patent - Correction of Register
Detected Type: Patent Act s. 99 - Copy of decision
Parties and Lawyers:Party | Firm | Lawyer |
---|---|---|
COMMISSIONER OF PATENTS | ||
P POD INC | ||
P POD INC | MBM Intellectual Property Law | MILLER, SCOTT |
WEZOR HOLDINGS LTD |
Name | Number |
---|---|
2816750 | |
2889092 |
Docket Summary (Google Translate to English)
() 2018-09-19 - OttawaConfirmation of successful transmission by fax on behalf of applicant with regard to the Order dated September 18, 2018. placed on file on 19-SEP-2018
Order dated 18-SEP-2018 rendered by The Honourable Madam Justice Mactavish Matter considered with personal appearance The Court's decision is with regard to Trade-Marks - Application Result: "Pursuant to section 52 of the Patent Act, all entries in the records of the Canadian Intellectual Property Office for Canadian Patent No. 2,889,092 are varied to include: i) P-Pod Inc. as owner; ii) Wezor Holdings Ltd. as applicant; and, iii) Robert Ritchie Weir as inventor. 2. Each party shall bear its own costs." Filed on 18-SEP-2018 copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1384 page(s) 295 - 297 Final Decision
Communication to the Court from the Registry dated 18-SEP-2018 re: the Applicant's Record and the hearing on today's date.
Draft Order concerning Application to amend the Register of Patents received on 18-SEP-2018
Ottawa 18-SEP-2018 BEFORE The Honourable Madam Justice Mactavish Language: E Before the Court: Trade-Marks - Application Result of Hearing: Matter reserved held in Court Senior Usher: Steve Desrosiers 18-SEP-2018 Duration per day: 18-SEP-2018 from 09:32 to 09:41 Courtroom : Conference Room 1104, 11th Floor - Thomas D'Arcy McGee Bldg. - Ottawa Court Registrar: Wayne Sawtell Total Duration: 9min Appearances: Deborah Meltzer 613-567-0762 representing Applicant Draft Decision to be submitted by Applicant Comments: by electronic means, in addition to the hard copy submitted in Court Minutes of Hearing entered in Vol. 1005 page(s) 495 - 496 Abstract of Hearing placed on file
Order (time and place) dated 04-JUL-2018 rendered by Chief Justice Crampton and signed by Judicial Administrator fixing Judicial Review (s.18) to be heard at Special Sitting in Ottawa on 18-SEP-2018 to begin at 09:30 duration: 30min language: E Filed on 04-JUL-2018 cc's sent to parties entered in J. & O. Book, volume 1375 page(s) 258 - 258 Transmittal letters placed on file
Communication to the Court from the Registry dated 26-JUN-2018 re: Memorandum sent to the Judicial Administrator in regards to Applicant's request for a Requisition for Hearing
Requisition for hearing - Application from Applicant filed on 18-JUN-2018 Tariff Application or appeal - $50.00
Book of Authorities consisting of 1 volume(s) on behalf of Applicant received on 18-JUN-2018
Applicant's Record Number of copies received/prepared: 2 on behalf of Applicant filed on 18-JUN-2018
Affidavit of service of Sid Zarabi sworn on 25-MAY-2018 on behalf of Applicant confirming service of doc. no.8 upon the Respondent, Commissioner of Patents by personal service on 25-MAY-2018 filed on 25-MAY-2018
Amended Notice of Application with proof of service upon the Attorney General of Canada on 25-MAY-2018 filed on 25-MAY-2018
Acknowledgment of Receipt received from all parties with respect to Doc. No. 7 Amended Order of the Honourable Mr. Justice Harrington dated May 17, 2018. placed on file on 25-MAY-2018
Amended Order dated 17-MAY-2018 rendered by The Honourable Mr. Justice Harrington Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 4 Result: granted "This Court Orders that: 1. Pursuant to Rule 75 of the Rules, the Applicants are granted leave, and shall have 10 days from the date of this Order, to file and serve an Amended Notice of Application in the form attached as Schedule "A" to this Order. 2. Pursuant to Rule 8 of the Rules, the Applicants are granted an extension of time until thirty (30) days after the issuance of the Amended Notice of Application to serve the Applicants' supporting affidavits and documentary exhibits and to file proof of service thereof pursuant to Rule 306. 3. Pursuant to Rule 364 of the Rules, the Applicants are relieved of the requirement to file written representations as part of their Motion Record on this motion. 4. There are no costs on this motion." Filed on 25-MAY-2018 copies sent to parties entered in J. & O. Book, volume 1370 page(s) 368 - 376 Interlocutory Decision
Letter from Applicant dated 23-MAY-2018 further to their letter dated May 18th, 2018 and further to the Order of Mr. Justice Harrington dated May 17, 2018, indicating that the Schedule A is missing pages and requesting that it be resent in its entirety (Scanned to Harrington J.) received on 23-MAY-2018
Letter from Applicant dated 18-MAY-2018 Further to the Order of Justice Harrington dated May 17, 2018, noting that Schedule A is missing pages and requesting that it be re-sent in its entirety. *** Scanned to Harrington, J. *** received on 18-MAY-2018
Acknowledgment of Receipt received from all parties with respect to Order dated May 17, 2018 placed on file on 18-MAY-2018
Order dated 17-MAY-2018 rendered by The Honourable Mr. Justice Harrington Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 4 Result: "...Pursuant to Rule 75 of the Rules,the Applicants are granted leave, and shall have 10 days from the date of this Order, to file and serve an Amended Notice of Application in the form attached..." (see complete order) Filed on 17-MAY-2018 copies sent to parties entered in J. & O. Book, volume 1370 page(s) 4 - 5 Interlocutory Decision
Communication to the Court from the Registry dated 15-MAY-2018 re: the Applicant's motion record requesting an Order.
Covering letter from Applicant dated 03-MAY-2018 concerning Doc. No. 4 placed on file on 03-MAY-2018
Motion Record containing the following original document(s): 4 Number of copies received: 2 on behalf of Applicant filed on 03-MAY-2018
Draft Order concerning Motion Doc. No. 4 received on 03-MAY-2018
Notice of Motion contained within a Motion Record on behalf of Applicant in writing to be placed before the Court in Ottawa for inter alia, leave to file and serve an Amended Notice of Application filed on 03-MAY-2018 Draft Order\\Judgment received.
Letter from Respondent dated 13-APR-2018 "...will not file material or participate in the above reference application motions. The AGC and the Commissioner do not require service of any further material filed in the matter but would appreciate a copy of any Orders made..." received on 16-APR-2018
Service copy of Doc. No. 1 with proof of service upon the Attorney General of Canada on 09-APR-2018 filed on 09-APR-2018
Affidavit of service of Jennifer MacDonald sworn on 06-APR-2018 on behalf of Applicant confirming service of Doc. 1 upon Commissioner of Patents by personal service on 06-APR-2018 filed on 06-APR-2018
Notice of application and 2 copies with regard to Section 52 of the Patent Act filed on 06-APR-2018 Tariff fee of $50.00 received: yes
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