MADISON, Wis. – The Wisconsin Department of Justice today announced that the Court in the Eastern District of Pennsylvania ruled that forty-two States, led by Wisconsin, can proceed with their litigation against the makers of Suboxone.

“The cost of critical medication must not be inflated through anticompetitive tactics,” said Attorney General Kaul. “I’m proud that Wisconsin DOJ is leading this multistate litigation and thank AAG Cooley for her tireless efforts to hold the makers of Suboxone accountable.”

In a sweeping ruling, federal Judge Mitchell Goldberg denied defendant Indivior Inc.’s Motion for Summary Judgment, holding that there were facts and favorable law for plaintiffs to proceed. Noting that the volume of facts required “enormous judicial resources” to wade through, in an 86-page opinion, the Court denied all defendant’s motions for summary judgment, and held in the States’ favor.

The States allege that Indivior Inc. used illegal means to switch the Suboxone market from tablets to film while attempting to destroy the market for tablets, in order to preserve its drug monopoly. A trial has not yet been scheduled but is expected next year. 

A link to the decision can be found here. 

Wisconsin’s Assistant Attorney General for Antitrust, Gwendolyn Lindsay Cooley, is the lead attorney for the forty-two States, including Alabama, Alaska, Arkansas, California, Colorado, District of Columbia, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and West Virginia.