dTechs EPM Ltd.'s patent infringement claim against BC Hydro and Awesense was dismissed by the Federal Court, which deemed the claims invalid. New evidence emerged during the assessment of BC Hydro's costs, prompting dTechs to alter their stance. The appeal primarily revolves around the admissibility of BC Hydro's expert evidence and its impact on the infringement action. The appeal is rejected for the infringement action but partially allowed for the counterclaims of invalidity concerning dependent claim 4. The issue of costs has already been settled, and the Federal Court retains authority over it.

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