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ARTICLE · 23 JANUARY 2017

NPEs Beware: Contorted Construction Of A Patent Will Attract Elevated Costs

McCarthy Tétrault
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On January 4, 2017, the Honourable Justice Locke of the Federal Court of Canada released his decision in Mediatube Corp. et al. v. Bell Canada, 2017 FC 6.

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SnIP/ITs Blog
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Steve Mason
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Fiona Legere
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Bart Nowak
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Andrew Reddon
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On January 4, 2017, the Honourable Justice Locke of the Federal Court of Canada released his decision in Mediatube Corp. et al. v. Bell Canada, 2017 FC 6. This was a patent infringement action in respect of Canadian Patent No. 2,339,477 (the "'477 Patent") by the plaintiffs, NorthVu Inc. (patent owner) and MediaTube Corp. (licensee) against Bell Canada  (including former Bell Aliant Regional Communications, Limited Partnership, together "Bell"). The plaintiffs alleged that Bell infringed the '477 Patent through the delivery of its digital Internet Protocol Television ("IPTV") services called Fibe TV and FibreOp TV. The Plaintiffs sought damages in excess of $350 million as well as a significant punitive damages award.

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