A US District Court allows “product hopping” claims to proceed based on allegations of removal of prior formulation and disparagement of generic competition (Suboxone)

Court Allows “Product Hopping” Claims to Proceed in Suboxone Litigation Based on Allegations of Removal of Prior Formulation and Disparagement of Generic Competition* We’ve previously discussed antitrust claims related to “product hopping”—allegations that pharmaceutical manufacturers have reformulated or otherwise altered their products to prevent automatic generic substitution. Earlier this week, the district court for the Eastern District of Pennsylvania in In re Suboxone Antitrust Litigation denied a motion to dismiss similar allegations regarding the drug Suboxone, which is used to treat opioid dependence. As previously discussed, district courts ruling on product hopping claims appear to have drawn a distinction between “hard switches” (where a manufacturer stops selling the prior

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Authors

  • Patterson Belknap Webb & Tyler (New York)
  • Patterson Belknap Webb & Tyler (New York)

Quotation

Robert P. LoBue, Jonathan H. Hatch, A US District Court allows “product hopping” claims to proceed based on allegations of removal of prior formulation and disparagement of generic competition (Suboxone), 3 December 2014, e-Competitions Bulletin Pharma & Dominance, Art. N° 70597

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