Massachusetts Eye & Ear Infirmary v. QLT Phototherapeutics, Inc.

ORDER OF COURT

QLT has filed a petition for rehearing of our decision in this case. One substantive issue presented in that petition warrants elaboration. QLT highlights an objection to the confidential information theory of unjust enrichment raised in its brief and addressed implicitly in our prior decision. Specifically, QLT argues that the voluminous evidence of its unfair behavior and repeated promises of compensation in exchange for MEEI’s confidential information, introduced at trial and recited in our opinion, cannot support the conclusion that QLT profited from the use of MEEI’s…