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QLT Announces Appeal Court Decision on Massachusetts Eye and Ear Infirmary Litigation
Date:1/12/2009

Court of Appeals Finds Against QLT and Upholds District Court Decision

VANCOUVER, Jan. 12 /PRNewswire-FirstCall/ - QLT Inc. (NASDAQ: QLTI; TSX: QLT) announced that the United States Court of Appeals for the First Circuit (the "Court of Appeals") today affirmed the judgment of the United States District Court for the District of Massachusetts (the "District Court") in the lawsuit brought against QLT by Massachusetts Eye and Ear Infirmary ("MEEI") in connection with events related to U.S. patent # 5,798,349 (the "'349 patent") and certain of MEEI's research results related to QLT's Visudyne(R). The Court of Appeals upheld the liability and damages aspects of the 2007 judgment of the District Court in which QLT was found liable under Massachusetts state law for unfair trade practices and ordered to pay to MEEI damages equal to 3.01% on past, present and future worldwide net sales of Visudyne(R) plus interest and certain legal fees.

The decision of the District Court had included an award to MEEI of legal fees in an amount of $14.1 million, to which was applied a reduction of $3 million previously agreed to by MEEI. The Court of Appeals ordered that the amount of legal fees payable by QLT be remanded to the District Court for further consideration. QLT is currently reviewing the decision of the Court of Appeals with its legal counsel and considering its options for further appellate review.

Unless the decision is altered on further review, based on net sales of Visudyne(R) through December 31, 2008 of approximately $2.6 billion, QLT estimates that the amount of damages and interest that QLT is required to pay MEEI is approximately US$113.2 million. The amount of legal fees and post-judgment interest on those legal fees is yet to be determined. In addition, Massachusetts General Hospital has made a claim to QLT for increased payments bas
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SOURCE QLT Inc.
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