United States Third Circuit

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

In a suit 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, district court's dismissal of the suit under the doctrine of forum non conveniens is affirmed where: 1) district court's denial of plaintiff's motion for jurisdictional discovery and dismissal of the complaint against BioAlliance Group for lack of personal jurisdiction are affirmed; but 2) 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; and 3) 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.

Appellate Information

  • Argued 07/13/2010
  • Decided 10/12/2010
  • Published 10/12/2010

Judges

  • <a href="http://pview.findlaw.com/view/1621464_1">GREENAWAY</a>

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/2515027_1">Daniel P. Goldberg</a>, <a href="http://pview.findlaw.com/view/3429337_1">Joel Friedlander</a>