Paris, October 19, 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.
About BioAlliance Pharma
Dedicated to cancer and supportive care – cancer related pathologies, chemotherapy and radiotherapy-induced complications and opportunistic infections in immunocompromised patients – BioAlliance conceives and develops innovative products, especially in the hospital setting and for orphan or rare diseases. Created in 1997 and introduced to the Euronext Paris market in 2005, BioAlliance Pharma’s ambition is to become a leading player in these fields by coupling innovation to patient needs. The company’s teams have the key competencies required to identify, develop and register drugs in Europe and the USA; the products’ commercialization rights are licensed to international commercial partners invested in the hospital setting. In areas where medical needs are insufficiently met, its targeted approaches help overcome drug resistance and improve patient health & quality of life.
BioAlliance Pharma has developed an advanced product portfolio: Loramyc® /Oravig® (Oropharyngeal candidiasis in immunocompromised patients): Registered in 26 European countries, in Korea and in the United States Setofilm® (Prevention and treatment of -chemotherapy, radiotherapy and post operative- induced nausea and vomiting in adults and children): Registered in 16 European countries Acyclovir Lauriad® (Labialis herpes): Positive phase III final results; registration status Fentanyl Lauriad® (Chronic cancer pain): Positive preliminary Phase I results AMEP® (Invasive melanoma): Phase I Clonidine Lauriad® (Mucositis): Phase II Doxorubicine Transdrug® (Liver cancer): Phase II
For more information, visit the BioAlliance Pharma web site at www.bioalliancepharma.com 2
Disclaimer This communication expressly or implicitly contains certain forward-looking statements concerning BioAlliance Pharma SA and its business. Such statements involve certain known and unknown risks, uncertainties and other factors, which could cause the actual results, financial condition, performance or achievements of BioAlliance Pharma SA to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. BioAlliance Pharma SA is providing this communication as of this date and does not undertake to update any forward-looking statements contained herein as a result of new information, future events or otherwise. For a discussion of risks and uncertainties which could cause actual results, financial condition, performance or achievements of BioAlliance Pharma SA to differ from those contained in the forward-looking statements, please refer to the Risk Factors (“Facteurs de Risque”) section of the 2009 Reference Document filed with the AMF on June 29, 2010, which is available on the AMF website (http://www.amf-france.org) or on BioAlliance Pharma SA’s website (http://www.bioalliancepharma.com).
BioAlliance Pharma SA Dominique Costantini MD, CEO Tel.: +33 1 45 58 76 01 dominique.costantini@bioalliancepharma.com
Nicolas Fellmann, CFO Tel.: +33 1 45 58 71 00 nicolas.fellmann@bioalliancepharma.com ALIZE RP Caroline Carmagnol Tel.: +33 6 64 18 99 59 caroline@alizerp.com
