TEL AVIV (MarketWatch) -- QLT Inc., the Vancouver biopharmaceutical company focused on ophthalmology, said the U.S. Court of Appeals for the First Circuit affirmed a lower court's judgment against it in a patent case brought by Massachusetts Eye and Ear Infirmary. The court upheld a ruling from U.S. District Court for the District of Massachusetts in a case involving a patent and certain research results of the infirmary as they relate to QLT's Visudyne drug. QLT said it is considering whether to appeal the case further. The district court found QLT liable under Massachusetts state law for unfair trade practices and awarded the infirmary 3.01% of past, present and future sales of the drug, the company said. QLT estimates that it must pay the infirmary $113.2 million plus legal fees and interest. In addition, Massachusetts General Hospital is claiming higher payments from QLT based on the amounts QLT must pay the infirmary, a claim QLT said it disputes.

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