Indivior resolves "product hop" allegations in antitrust class action

Client(s) Indivior Inc.

Jones Day resolved multidistrict litigation brought against Indivior, Inc. 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 asserted that this and other alleged conduct constituted a "product hop" -- conduct that plaintiffs claim violates the antitrust laws by limiting the sales of competing generic products. Plaintiffs further alleged that Indivior delayed the approval and launch of generic competitors by submitting an alleged "sham" citizen petition to the FDA. Plaintiffs in this case included two putative classes, a direct purchaser class and an "End-Payor" class, as well as a group of state attorneys general. Amneal Pharmaceuticals LLC is an additional plaintiff in this matter. In addition to "product hop" and delay antitrust claims, Amneal also alleged violations of the Lanham Act.

In re Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litigation, MDL No. 2445 (E.D. Pa.); No. 19-3640 (3d Cir.)