Judge Denied Alkermes Motion to Dismiss Vivitrol Suit
A Massachusetts federal court will allow a class action lawsuit against Alkermes to move forward.
Updated on Sept. 25, 2026 in Substance Abuse
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A federal judge in Massachusetts has denied a motion to dismiss a class action lawsuit against Alkermes. The litigation alleges the company fraudulently obtained a patent for Vivitrol, an addiction treatment drug.
Why it matters
The lawsuit centers on claims that the company misled the U.S. Patent and Trademark Office to secure a patent. Plaintiffs argue that Alkermes intentionally omitted a study from its patent application to win approval.
The federal court denied the motion to dismiss a proposed class action. The case specifically hinges on whether Alkermes omitted critical data from its patent application for Vivitrol.
The players
Alkermes
Alkermes is a biopharmaceutical company that develops and manufactures treatments for addiction and central nervous system disorders.
U.S. Patent and Trademark Office
This federal agency is responsible for granting U.S. patents and registering trademarks.
The details
The complaint contends that the pharmaceutical company provided incomplete information to the U.S. Patent and Trademark Office. By allegedly excluding a study from the filing, the company is accused of unfairly securing its patent rights.
Timeline
September 24, 2026: A federal judge ruled on the motion to dismiss.
The Big Picture
This ruling follows a pattern of legal challenges centered on the transparency mandates established by the U.S. Patent Act's disclosure requirements.
The lawsuit does not currently impact the availability or clinical use of Vivitrol for patients undergoing addiction treatment. Residents and healthcare providers should monitor the case for future developments regarding the drug's patent status.
The takeaway
Legal challenges regarding patent integrity can have significant implications for pharmaceutical drug exclusivity and market competition. Ongoing court proceedings will determine the impact of these fraud allegations on the company and its future product development.
Further reading
For additional context on legal developments in this space, visit the Substance Abuse section.
Source note: This article includes information reported by Law360.
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