MASS. EYE AND EAR INFIRMARY v. QLT PHOTOTHERAP.

Nos. 07-2615, 07-2616.

552 F.3d 47 (2009)

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

United States Court of Appeals, First Circuit.

Decided January 12, 2009.


Attorney(s) appearing for the Case

Richard G. Taranto, with whom Farr & Taranto, Donald R. Ware, Sarah Cooleybeck, Jeff Bone, Foley Hoag LLP, Aaron M. Panner, Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, were on brief for appellant/cross-appellees.

Kenneth B. Herman, with whom James F. Haley, Jr., Christopher J. Harnett, Karen Mangasarian, John D. Donovan, Jr., F. Turner Buford and Ropes & Gray, LLP, were on brief for appellee/crossappellant.

Before HOWARD, BALDOCK and SELYA, Circuit Judges.


HOWARD, Circuit Judge.

These appeals require us to grapple with the metes and bounds of Massachusetts unjust enrichment and restitution law. Like many such cases, the present case involves one party's conferral of a valuable benefit during ongoing contract negotiations, followed by an irreparable breach in the bargaining process. What makes this case unusual is that its subject matter — the development of a blockbuster pharmaceutical — poses challenges...

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