QLT announces that it is named as a defendant in...( Complaint filed in Superior Court for...),Health

Complaint filed in Superior Court for the Commonwealth of Massachusetts

VANCOUVER, Feb. 12 /PRNewswire-FirstCall/ - QLT Inc. (NASDAQ: QLTI; TSX: QLT) announced that on February 11, 2009, the General Hospital Corporation, doing business as Massachusetts General Hospital ("MGH"), filed a complaint in the Superior Court of the Commonwealth of Massachusetts against QLT Phototherapeutics (Canada), Inc. QLT Phototherapeutics (Canada), Inc. was a prior registered name for QLT Inc. ("QLT"). In its complaint, MGH alleges that it entered into a written agreement with QLT that requires QLT to pay MGH the same royalties that it pays Massachusetts Eye and Ear Infirmary ("MEEI") on sales of Visudyne(R). MEEI was recently awarded a 3.01% royalty rate, on worldwide sales, in a legal action. QLT currently pays MGH a 0.5% royalty on Visudyne sales in the United States and Canada.

As previously announced, on January 12, 2009, the First Circuit Court of Appeals upheld a jury verdict against QLT in a lawsuit brought against QLT by MEEI in which QLT was found liable under Massachusetts state law for unfair trade practices and ordered to pay to MEEI damages in the form of royalties equal to 3.01% on past, present and future worldwide net sales of Visudyne plus interest and certain legal fees. Net worldwide sales of Visudyne, through 2008, are approximately $2.6 billion. QLT has filed a petition for rehearing with respect to the foreign sales portion of that damages award, and is further considering its appellate options regarding the decision of the Court of Appeals with its legal counsel and considering its options for further review.

As a result of the MEEI judgment, MGH has asserted claims for breach of contract, breach of the implied covenant of good faith and fair dealing, violation of Massachusetts Chapter 93A, Sections 2 and 11, and unjust enrichme
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