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Court of Appeal dismisses PBL Port Wine Stain profit claim

Legal8 March 2026AFTHealthcare

AFT Pharmaceuticals Limited, Level 1, 129 Hurstmere Road, Takapuna, Auckland 0622, New Zealand Incorporated in
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9 MARCH 2026


Court of Appeal dismisses PBL Port Wine Stain profit claim


AFT Pharmaceuticals (NZX: AFT; ASX: AFP), New Zealand’s largest domestic

pharmaceuticals company, today notes a Court of Appeal judgment dismissing the

other party’s appeal from a 2023 High Court judgment dismissing its claim for a share

of any profits earned by AFT from the use of its topical skin medicine Pascomer as a

treatment for Port Wine Stains (PWS).


In a judgment released yesterday, the Court of Appeal has dismissed a claim that AFT

be required to share with PBL Solutions Limited (PBL) any profit which AFT may earn

from the application of Pascomer for the treatment of non-orphan

1

conditions such

as PWS. PWS is potentially a much larger market than the Facial Angiofibroma orphan

indication by virtue of circa 36 times more potential patients.


PBL is a company associated with a former contractor to AFT and is a 35% shareholder

in AFT Orphan Pharmaceuticals Limited, a company created to pursue orphan

applications.


AFT will continue to provide an account to PBL for any profits (if any) earned for orphan

drug applications of Pascomer and will share 35% of those profits with PBL. PBL and

AFT will share costs related to the appeal.


AFT continues to review the judgment and will be making no further comment at this

time. The judgment itself is confidential to the parties pending their review for any

confidential information prior to its release. The company does not expect the

judgment to have a material effect on AFT’s FY 2026 earnings guidance.



Released for, and on behalf of, AFT Pharmaceuticals Limited by Malcolm Tubby,

Chief Financial Officer.


For more information:

Investors Media

Dr Hartley Atkinson Richard Inder

Managing Director The Project

AFT Pharmaceuticals Tel: +64 21 645 643

Tel: +64 9488 0232


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Orphan drugs are medicines developed for the treatment rare diseases and potentially qualify for an orphan drug

designation which can result governments providing incentives and offering exclusivity for the treatment of the

conditions with the goal of making the drug commercialisation for the applications attractive.

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About AFT Pharmaceuticals

AFT is a growing New Zealand based multinational pharmaceutical company that

develops, markets, and distributes a broad portfolio of pharmaceutical products

across a wide range of therapeutic categories which are distributed across all major

pharmaceutical distribution channels: over the counter (OTC), prescription and

hospital. Our product portfolio comprises both proprietary and in-licensed products,

and includes patented, branded, and generic drugs

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. Our business model is to

develop and in-license products for in our markets of Australia, New Zealand,

Singapore, Malaysia, Hong Kong, USA, Canada, EU ex Ireland and UK, and to out-

license our products to local licensees and distributors to over 125 countries around

the world. For more information about the company, visit our website

www.aftpharm.com.

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