Cases & Deals

Indivior defends against "product hop" allegations in antitrust class action

Clients Indivior Inc.

Jones Day is representing Indivior, Inc. in multidistrict antitrust litigation. Indivior manufactures the prescription drug, Suboxone, which is used to treat opioid addiction. Indivior introduced a new dosage form of Suboxone -- a Film -- in 2010, and then discontinued the original tablet dosage form in 2013. Plaintiffs assert that this and other alleged conduct constitute a "product hop" -- conduct that plaintiffs claim violates the antitrust laws by limiting the sales of competing generic products. Plaintiffs further allege that Indivior delayed the approval and launch of generic competitors by submitting an alleged "sham" citizen petition to the FDA. Plaintiffs in this case include two putative classes, a direct purchaser class and an "End-Payor" class. Amneal Pharmaceuticals LLC is an additional plaintiff in this matter. In addition to "product hop" and delay antitrust claims, Amneal has also alleged violations of the Lanham Act.

In re Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litigation, MDL No. 2445 (E.D. Pa.)