Dismissal of the civil action filed by Eurofins against BioAlliance in the United States confirmed by the US court of appeals
19 Oct, 2010
BioAlliance Pharma SA (Euronext Paris – BIO), a company dedicated to the supportive care and treatment of cancer patients, announces that the United States Court of Appeals for the Third Circuit has confirmed the Federal District Judge’s dismissal of the US civil action filed by Eurofins against BioAlliance Pharma and one of its former executives. In addition to finding that the US court lacked jurisdiction against BioAlliance, the Court of Appeals dismissed the entire complaint pursuant to the doctrine of forum non conveniens.
BioAlliance Pharma instituted legal proceedings against Eurofins in Paris in January 2009 for non-development of the technology and harm of its image. Proceedings are pending.
In 2008, Eurofins Pharma US Holding Inc. and one of its affiliates, Viralliance Inc (“Eurofins”), filed a civil action against BioAlliance (Press release of BioAlliance 14 October, 2008). This US action concerned the diagnostic technology (Phenoscript® test of HIV drug resistance) transferred by BioAlliance Pharma to Eurofins.
BioAlliance was advised by Ron Soffer, Attorney at Law, Member of the Paris Bar.