Mar 5 2007
QLT Inc. announced that the parties have settled the litigation brought in 2001 by Massachusetts Eye and Ear Infirmary ("MEEI") against QLT and Novartis Ophthalmics, Inc., case # 01-10747, in the United States District Court for the District of Massachusetts (the "District Court").
Under the terms of the settlement agreement, MEEI will dismiss with prejudice its claims for infringement of U.S. Patent # 6,225,303 (the " '303 Patent") against QLT and Novartis Ophthalmics, Inc. and QLT and Novartis will dismiss their counterclaims against MEEI and named MEEI researchers. QLT, MEEI and Massachusetts General Hospital ("MGH") have agreed to resolve by arbitration counterclaims raised by QLT and MGH that researchers from QLT and MGH should have been named as inventors on the '303 Patent. The outcome of the arbitration will have no effect on the settlement.
The settlement of the '303 Patent lawsuit does not resolve the separate '349 patent lawsuit brought in 2000 by MEEI against QLT in the District Court, # 00-10783. The parties have filed post-trial motions in connection with the '349 patent lawsuit. The timing of a final decision in the '349 patent lawsuit is uncertain.