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MASSACHUSETTS EYE AND EAR v. QLT PHOTOTHERAPEUTICS

Nos. 03-1682, 03-1683, 03-1725.

412 F.3d 215 (2005)

MASSACHUSETTS EYE AND EAR INFIRMARY, Plaintiff/Counterclaim Defendant, Appellant/Cross-Appellee, v. QLT PHOTOTHERAPEUTICS, INC., Defendant. QLT, Inc., Counterclaim Plaintiff, Appellee/Cross-Appellant, v. Massachusetts Eye and Ear Infirmary, Evangelos S. Gragoudas, M.D., Joan W. Miller, M.D., Counterclaim Defendants, Appellants/Cross-Appellees.

United States Court of Appeals, First Circuit.

Decided June 16, 2005.

Attorney(s) appearing for the Case

Kenneth B. Herman, with whom James F. Haley, Jr., Christopher J. Harnett, Gerald J. Flattmann, John P. Hanish, Bindu Donovan, Fish & Neave, Christine M. Roach, M. Ellen Carpenter and Roach & Carpenter PC, were on brief, for appellants.

Donald R. Ware, with whom Barbara A. Fiacco, Jessica M. Silbey, Mark A. Reilly and Foley Hoag LLP, were on brief, for appellee/cross-appellant.

Before TORRUELLA, Circuit Judge, GIBSON, Senior Circuit Judge, and LIPEZ, Circuit Judge.

TORRUELLA, Circuit Judge.

The noble pursuit of curative technologies birthed Visudyne, a drug that treats the leading cause of vision loss in people over age fifty. That success involved the efforts of multiple institutions, and the common drive for financial returns now brings us a dispute over rights to the income stream of the fastest growing ophthalmic drug in history.

The entire range of claims articulated by plaintiff-appellant was dismissed by the district...

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