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Remedies Keyed to Kovacic-Fleischer, 8th
Massachusetts Eye and Ear Infirmary v. QLT Phototherapeutics, Inc.
Citation:
552 F.3d 47 (2009)Facts
Dr. Joan Miller, a researcher at Massachusetts Eye and Ear Infirmary, conducted groundbreaking experiments using QLT’s photosensitizer compound BPD to treat age-related macular degeneration, a leading cause of adult blindness. Her research demonstrated that BPD could close abnormal blood vessels causing vision loss without damaging healthy retinal vessels. QLT, seeking a partnership with CIBA Vision to commercialize BPD, repeatedly disclosed Dr. Miller’s confidential research to CIBA without authorization, violating material transfer and confidentiality agreements. QLT promised MEEI fair compensation and licensing agreements in exchange for Dr. Miller’s cooperation in presenting her research directly to CIBA Vision and for MEEI’s consent to broaden patent applications to include QLT and MGH inventors. CIBA Vision stated that Dr. Miller’s presentation was essential to its decision to partner with QLT. After securing these benefits and finalizing its partnership with CIBA Vision, QLT offered MEEI only a 0.5% royalty, far below the compensation it had promised. Visudyne, the resulting FDA-approved treatment, became highly profitable with substantial global sales.
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