Onxeo S.A.: Decision in the litigation against Eurofins and ABL companies

  · Recognition of an Eurofins debt to Onxeo as the price of the Option under
the contract
  · Set-off of this debt against damages in the same amount awarded to Eurofins
  · In fine, no payment is due by either party to the other
PARIS & COPENHAGEN, Denmark--(BUSINESS WIRE (http://www.businesswire.com/))--
Regulatory News:

Onxeo S.A. (Paris:ONXEO) (NASDAQ OMX:ONXEO) (Euronext Paris, NASDAQ Copenhagen:
ONXEO), an innovative company specializing in the development of orphan oncology
drugs, today announced a decision in the litigation opposing the company to the
Eurofins group of companies (Eurofins Pharma US Holding Inc., Viralliance Inc.
and Eurofins Scientific Inc.) and ABL before the Paris Commercial Court. The
dispute was related to the transfer by Onxeo (ex BioAlliance Pharma) to Eurofins
of a phenotyping technology to diagnose resistance to antiviral drugs.

In its decision, the Paris Commercial Court considered that Onxeo did not fulfil
its contractual disclosure obligation towards Eurofins but at the same time has
held that Eurofins owed the same amount to Onxeo under the contract as the price
of the Option.

Therefore, the Paris Commercial court set-off the amounts owed by the companies
to each other so that neither of them has to make a payment to the other.

ABL was not held liable but Onxeo’s demands against ABL have been rejected.

Appeal of this decision can be filed within one month of service of the
decision.

About the litigation

In October 2008, Onxeo was notified of a law suit filed before the District
Court of the State of Delaware (USA) by companies of the Eurofins Group against
Onxeo and one of its senior managers. This procedure involved the transfer of
intellectual property related to phenotyping technology called Phenoscript® - an
HIV resistance test that Onxeo developed before 2005 in collaboration with
INSERM and the Institut Pasteur. At the end of 2005, Onxeo transferred its
intellectual property and licensing rights to Eurofins to optimise its business
development in the United States. In this agreement, a put Option for Eurofins
Viralliance shares was provided for the benefit of Onxeo.

Eurofins claimed that the value of the assets sold was compromised by the rights
of a third party, which rights had been hidden at the time of the sale. Eurofins
demanded termination of the contract of sale and was seeking damages. Onxeo
contested the merit of these allegations, the court's jurisdiction and
immediately submitted an application for withdrawal of the case from the US
courts. On September 18, 2009, the District Court of the State of Delaware
accepted Onxeo's request for deferral. Eurofins lodged an appeal against this
decision. On October 12, 2010, the Federal Third Circuit Court of Appeals
affirmed this decision without examining the merits of the case.

Onxeo subsequently sued Eurofins Group in 2009 for breach of contract and ABL
(Advanced Biological Laboratories) for interfering in its contractual relations
with Eurofins Group. The lawsuit was filed in the Tribunal de Commerce of Paris
which issued its judgment today.

About Onxeo

Onxeo has the vision to become a global leader and pioneer in oncology, with a
focus on orphan or rare cancers, through developing innovative therapeutic
alternatives designed to “make the difference”. The Onxeo team is determined to
develop innovative medicines that provide patients with hope and significantly
improve their lives.

Key orphan oncology products at the advanced development stage are:
Livatag® (Doxorubicin Transdrug™): Phase III in hepatocellular carcinoma
Validive® (Clonidine Lauriad®): Phase II in severe oral mucositis: Positive
final results
Beleodaq® (belinostat): registered in the US in 2nd line treatment of peripheral
T-cell lymphoma

For more information, visit the
website www.onxeo.com (http://cts.businesswire.com/ct/CT?id=smartlink&url=http%3
A 
%2F%2Fwww.onxeo.com&esheet=51186477&newsitemid=0&lan=en
-US&anchor=www.onxeo.com&index=1&md5=527d0c4752618991efcbef0c6163f606)

Disclaimer

This communication expressly or implicitly contains certain forward-looking
statements concerning Onxeo 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 Onxeo to be
materially different from any future results, performance or achievements
expressed or implied by such forward-looking statements. Onxeo 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 Onxeo
to differ from those contained in the forward-looking statements, please refer
to the Risk Factors ("Facteurs de Risque") section of the 2014 Reference
Document filed with the AMF on April 14, 2015, which is available on the AMF
website (http://www.amf
-france.org (http://cts.businesswire.com/ct/CT?id=smartlink&url=http%3A%2F%2Fwww
. 
amf-france.org&esheet=51186477&newsitemid=0&lan=en
-US&anchor=http%3A%2F%2Fwww.amf
-france.org&index=2&md5=a841a9f4bf54ca0f6b6a8fdebc6b2f19)) or on the company’s
website
(www.onxeo.com (http://cts.businesswire.com/ct/CT?id=smartlink&url=http%3A%2F%2F
w 
ww.onxeo.com&esheet=51186477&newsitemid=0&lan=en
-US&anchor=www.onxeo.com&index=3&md5=4d5245de81c4c93454f08da4dc152bbd)).
Onxeo S.A.
Judith Greciet, CEO
j.greciet@onxeo.com
Nicolas Fellmann, CFO
n.fellmann@onxeo.com
+33 1 45 58 76 00
or
Caroline Carmagnol and Florence Portejoie, +33 6 64 18 99 59 / +33 6 47 38 90 04
onxeo@alizerp.com