The US District Court for the Eastern District of Pennsylvania 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

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

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

Quotation

Robert P. LoBue, Jonathan H. Hatch, The US District Court for the Eastern District of Pennsylvania 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 Exclusive rights (Art. 106 TFEU), Art. N° 70597

Visites 346

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues