United States First Circuit

In a dispute over the licensing of Visudyne, a drug that treats vision loss, dismissal of plaintiff's suit is reversed where the allegations underlying its unjust enrichment claim could potentially meet the requirements of Massachusetts General Law ch. 93A, section 2.

Appellate Information

• Decided 06/16/2005
• Published 06/17/2005

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, GIBSON, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Kenneth B. Herman, with whom James F. Haley, Jr., Christopher J. Harnett, Gerald J. Flattmann, John P. Hanish, Bindu Donovan, Fish & Neave, Christine M. Roach, M. Ellen Carpenter and Roach & Carpenter PC, were on brief, for appellants.


• For Appellees:
  
• Donald R. Ware, with whom Barbara A. Fiacco, Jessica M. Silbey, Mark A. Reilly and Foley Hoag LLP, were on brief, for appellee/cross-appellant.