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QLT petition for rehearing of Massachusetts Eye and Ear Infirmary litigation is denied
Date:2/24/2009

VANCOUVER, Feb. 24 /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 denied its Petition for Panel Rehearing and Rehearing En Banc ("QLT Petition") of the January 12, 2009 Court of Appeals decision. The QLT Petition was filed on January 26, 2009. The January 12, 2009 Court of Appeals decision upheld the liability and damages aspect of the 2007 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 District Court found QLT liable under Massachusetts state law for unfair trade practices and ordered QLT 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 QLT Petition asked the Court of Appeals to reconsider its decision on two grounds which would impact the foreign sales portion of the damages. The panel of judges of the Court of Appeals that issued the January 12, 2009 decision ruled that the arguments raised by the QLT Petition would not change the outcome of that decision. The Court of Appeals further declined to hear the case en banc. QLT is considering options for further appellate 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, on February 11, 2009, Massachusetts General Hospital ("MGH") filed a com
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SOURCE QLT Inc.
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