Court Allowed Antitrust Lawsuit Against Alkermes
A federal court ruled that a lawsuit alleging anticompetitive conduct regarding the addiction drug Vivitrol can proceed.
Updated on Sept. 29, 2026 in Substance Abuse
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A federal court has partially denied a motion to dismiss a class action lawsuit against pharmaceutical company Alkermes. The litigation centers on allegations that the company engaged in anticompetitive behavior concerning the drug Vivitrol.
Why it matters
The ruling allows legal proceedings to continue regarding claims that the company maintained a market monopoly through potentially fraudulent patent filings. This case highlights the role of patent integrity in the pricing and accessibility of medication for patients seeking treatment.
A federal court ruled that the plaintiff, Value Drug Company, stated a plausible antitrust claim under the Sherman Act. While the lawsuit may proceed, the court limited recoverable damages to Vivitrol purchases made on or after October 2, 2021, citing the four-year statute of limitations.
The players
Alkermes
A biopharmaceutical company focused on developing therapies for central nervous system disorders and addiction, including the medication Vivitrol.
Value Drug Company
The plaintiff in the class action lawsuit alleging anticompetitive practices regarding the marketing and patenting of Vivitrol.
U.S. Patent and Trademark Office
The federal agency responsible for granting patents that the lawsuit alleges was misled during the patent filing process.
The details
The lawsuit alleges that Alkermes secured a 2011 patent for Vivitrol by defrauding the U.S. Patent and Trademark Office. Specifically, the plaintiff claims the company failed to disclose a 2000 study as material prior art and falsely asserted that the patent involved an unexpected discovery. The court dismissed the plaintiff's claims regarding fraudulent concealment, noting that the 2000 study had been publicly accessible since 2001.
Timeline
The study allegedly concealed by Alkermes was conducted in 2000.
Alkermes submitted its patent application for Vivitrol in 2005.
The disputed patent for the drug was obtained in 2011.
Damages in this lawsuit are restricted to purchases made on or after October 2, 2021.
The court issued its order regarding the motion to dismiss on September 24, 2026.
Health Landscape
This case sits within the broader scope of using the Sherman Act to scrutinize pharmaceutical industry practices related to patent acquisition. It reflects a growing focus on how patent filings influence drug market exclusivity and the potential for anticompetitive outcomes.
This court ruling centers on legal and market issues rather than changes to clinical care or patient access to medications. Patients should continue to consult their prescribing physician regarding any questions about their treatment plan or medication options.
The takeaway
This case highlights the importance of patent oversight in the pharmaceutical industry and its potential effect on market competition. Patients with questions about their medication access or costs are encouraged to have a conversation with their physician or healthcare provider.
Further reading
For more on the regulatory and market dynamics affecting addiction treatment, explore the Substance Abuse section.
Source note: This article includes information reported by Massachusetts Lawyers Weekly.
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