Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litigation
Berger Montague represents a class of direct purchasers alleging an illegal scheme to delay the entry of generic Suboxone.
Plaintiffs allege that Indivior, Inc., f/k/a Reckitt Benckiser Pharmaceuticals, Inc. and Reckitt Benckiser Group, plc (collectively, “Defendants”) took several actions to suppress competition from generic versions of Suboxone, including (a) reformulating Suboxone into a film, (b) economically coercing doctors and/or patients to switch prescriptions from Suboxone Tablets to Suboxone Film, a new patent-protected form of co-formulated buprenorphine hydrochloride and naloxone that in fact offers no additional clinical benefits, but rather raises new and additional safety and diversion issues not associated with Tablets, and (c) sabotaging efforts to create a joint REMS program. Plaintiffs allege that as a result of Defendants’ conduct, Plaintiffs and members of the class have been compelled to pay supracompetitive prices for Suboxone.
Defendants moved to dismiss Plaintiffs’ claims, which motion was denied in part on December 3, 2014. Fact and expert discovery is complete, and the Court certified the Class of direct purchasers of Suboxone tablets on September 27, 2019. The Third Circuit affirmed the Court’s class certification decision on July 28, 2020.
LEAD ATTORNEY: David F. Sorensen, Caitlin G. Coslett, Ellen T. Noteware, Richard D. Schwartz