Mediatube Corp. v. Bell Canada, 2019 FCA 176
Justice Dawson; Justice Stratas; Justice Laskin - 2019-06-11
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The appellant, MediaTube Corp., appeals from the judgment dated January 4, 2017 of the Federal Court (per Locke J.): 2017 FC 6. ... The Federal Court dismissed the action. It concluded that while the patent was valid, Bell did not infringe it. It ordered the appellant to pay elevated costs for most issues and to pay solicitor-and-client costs relating to its punitive damages claim. ... Thus, we dismissed the motion [to introduce fresh evidence] at the conclusion of MediaTube’s oral argument of the motion at the hearing. ... Turning to the merits of the appeal, during oral argument Media Tube did not persuade us that there was any reversible error in the Federal Court’s observation at the outset of its reasons that only the issues of vestigial infringement and liability for costs remained to be decided.
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