Eurofins Pharma US Holdings v. BioAlliance Pharma SA, 09-3790

Dismissal of Plaintiff's Suit for Forum Non Conveniens Affirmed

Eurofins Pharma US Holdings v. BioAlliance Pharma SA, 09-3790, concerned a challenge to the district court's dismissal of the suit under the doctrine of forum non conveniens, in a dispute involving the acquisition of intellectual property that includes in vitro phenotyping technology that assists in the development and administration of drugs used to treat HIV and Hepatitis B by testing the effectiveness of those drugs on specific patients' viruses.

The court affirmed the district court's denial of plaintiff's motion for jurisdictional discovery and dismissal of the complaint against BioAlliance Group for lack of personal jurisdiction.  However, the district court's dismissal of the breach of loyalty claim against BioAlliance Group's founder and chief operating officer on the ground that it lacked personal jurisdiction over him is vacated.  Lastly, district court did not abuse its discretion by granting BioAlliance Group's motion to dismiss on forum non conveniens grounds is affirmed as both the private and public interest factors weigh in favor of litigating this dispute in France.

Related Link:

• Read the Third Circuit's Full Decision in Eurofins Pharma US Holdings v. BioAlliance Pharma SA, 09-3790