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Indivior resolves antitrust and fraud claims

July 2024

Client(s) Indivior Inc.

Jones Day resolved litigation filed by five insurance companies alleging that Indivior, Inc. had attempted to illegally monopolize the market for its prescription drug Suboxone.

Indivior introduced a new dosage form of Suboxone—a Film—in 2010, and then discontinued the original tablet dosage form in 2013. Plaintiffs described this as a "product hop," claiming that it delayed the entry of generic competitors. The insurance companies also asserted fraud claims, arguing that that they relied on purported "half-truths" and omissions that Indivior made in deciding to add Film to the formulary. A week before trial was scheduled to begin in July 2024, the parties signed an agreement resolving the matter for a fraction of the plaintiffs' asserted damages.

Health Care Service Corp. v. Indivior Inc., No. CL20-1474 (Cir. Ct. Roanoke Cty., Va.)

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