September 1, 2020
SymBio Pharmaceuticals Limited
Fuminori Yoshida
Representative Director
President and Chief Executive Officer(Securities Code: 4582)

Final Arbitration Award in Dispute against The Medicines Company
TOKYO, Japan, September 1, 2020 -- SymBio Pharmaceuticals Limited (Headquarters: Tokyo,"SymBio" or the “Company”) announced that the arbitral tribunal constituted under the rules of
the International Chamber of Commerce (“ICC”) has issued its award with respect to theCompany’s arbitration against The Medicines Company (Headquarters: Parsippany, New
Jersey, “MDCO”). A summary of the award was disclosed by the Company on August 5, 2020.
1. Background of the Arbitration
SymBio and MDCO entered into a license agreement (“License Agreement”) on October 2, 2015,
under which SymBio obtained the exclusive rights for Japan to develop and commercialize apatient-controlled pain management drug “IONSYS®” or “SyB P-1501” (the “Product”).
Financial terms of the agreement included a JPY 1,200 million (approximately USD 10 million)
upfront payment by SymBio. In June 2016, SymBio initiated a Phase 3 clinical trial for theProduct in Japan. Costs incurred by the SymBio in connection with the clinical trial include
direct R&D costs of approximately JPY 900 million. In mid-2017, MDCO announced its decision
to discontinue commercialization of the Product and withdraw from the market in the UnitedStates and Europe. On October 11, 2017, SymBio initiated the arbitration, seeking damages ofUSD 82 million1 arising out of MDCO’s decision to discontinue and withdraw IONSYS® fromthe United States and European markets and failure to provide adequate assurances ofMDCO’s performance under the License Agreement. MDCO asserted a counterclaim arisingfrom SymBio’s suspension of the Phase 3 trial.
2. Final Award
The arbitral tribunal denied SymBio’s claim for damages but awarded SymBio USD 4,950,000
representing 50% of SymBio’s legal fees and expenses2 that it sought to recover in thearbitration. The arbitral tribunal did not agree with the Company that MDCO had failed toprovide adequate assurances of its performance under the License Agreement. The arbitral
tribunal denied MDCO’s counterclaim.
3. Outlook
Any material impact, if any, of the arbitration award on SymBio’s earnings forecast for thefiscal year ending December 31, 2020 will be evaluated and disclosed by the Company in atimely manner.
[Contact]
Investor Relations
Tel: +81 (0)3 5472 1125
The damages sought were what SymBio alleged to be the net present value of IONSYS sales in Japan.
Comprising attorneys’ fees, expert fees, hearing venue costs, fees for translation services, and other costs
incurred by the Company for the arbitration.
12About SymBio Pharmaceuticals Limited
SymBio Pharmaceuticals Limited was established in March 2005 by Fuminori Yoshida who
previously served concurrently as Corporate VP of Amgen Inc. and founding President ofAmgen Japan. In May 2016, the Company incorporated its wholly owned subsidiary in the U.S.,
SymBio Pharma USA, Inc. (Headquarters: Menlo Park, California, President: Mr. Fuminori
Yoshida). SymBio’s underlying corporate mission is to “deliver hope to patients in need” as it
aspires to be a leading global specialty biopharmaceutical company dedicated to addressing
underserved medical needs with main therapeutic focus in oncology and hematology.