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So much so that, prior to MediaTube, the Federal Court of Appeal considered the issue only once since the Court's founding 47 years ago,2 and even then, only on very brief reasons. #MEDIATUBE VS BELL TRIAL#In criminal law, an accused convicted at trial will frequently appeal on the ground that he or she received ineffective assistance of counsel at trial.1 Very rarely is ineffective assistance raised in civil appeal. v Bell Canada, 2018 FCA 127 ("MediaTube"), the Federal Court of Appeal explores the history of ineffective assistance of counsel as a ground of appeal, and reiterates the exceedingly high threshold for its application in civil cases. Canadian IT patentees should also take note that they may face very significant cost awards if they are unsuccessful in asserting overbroad patents.In MediaTube Corp. The MediaTube v Bell decision signals that IT patents can be valuable but that they only offer protection for the invention they actually disclose. ![]() #MEDIATUBE VS BELL FULL#On the facts of the case, MediaTube was also ordered to pay Bell’s full legal costs in respect of an unfounded punitive damages allegation based on alleged dealings between the parties. MediaTube was ordered to pay Bell’s allowable costs with a 50% penalty to reflect the weakness of MediaTube’s infringement case, which the Court found to be based upon a contorted claim construction. No cost consequences flowed from Bell characterizing the plaintiff MediaTube in this manner.
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