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

TORRUELLA, Circuit Judge.

The noble pursuit of curative technologies birthed Visudyne, a drug that treats the leading cause of vision loss in people over age fifty. That success involved the efforts of multiple institutions, and the common drive for financial returns now brings us a dispute over rights to the income stream of the fastest growing ophthalmic drug in history.

The entire range of claims articulated by plaintiff-appellant was dismissed by the district court on summary judgment. The bulk of the opinion that follows consists of our de novo review of these dismissals. We must also…