IP Law Daily, PATENT NEWS: Takeda found liable by jury in reverse payment Amitiza drug case, (May 20, 2026)

By Peter Reap, J.D., LL.M.

Before trebling, the jury awarded almost $885 million to the plaintiff classes and individual retailer plaintiffs.

A Boston jury has returned a jury verdict finding Takeda Pharmaceutical Company Ltd. and Takeda Pharmaceuticals USA, Inc. (together, Takeda) liable for single damages of almost $885 million in connection with the antitrust suit alleging that the manufacturer delayed the generic version of its anti-constipation drug Amitiza. The jury held that a patent infringement Settlement Agreement that Takeda and another drug company, Sucampo Pharmaceuticals, Inc., entered into with Par Pharmaceutical, Inc. (Par), regarding Par’s generic version of Amitiza “contained a large and unjustified reverse payment from Sucampo and Takeda to Par that had anticompetitive effects.” Takeda said it disagreed with the verdict and would appeal (In Re Amitiza Antitrust Litigation, No. 1:21-cv-11057-MJJ (D. Mass. May 18, 2026)).

As to damages, the jury determined that (1) the Direct Purchaser Class sustained overcharge damages of $474,897,965; (2) individual retailers Albertsons, CVS, HEB, Kroger, and Walgreen sustained overcharge damages ranging from over $8 million to over $121 million; and (3) the End Payor Class comprised of 15 states sustained overcharge damages from $293,000 to over $25 million.

The jury determined that Takeda’s actions were “willful,” but not “flagrant,” and when asked what additional damages it awards, replied “1x (no more damages).”

Background.In 2014, Sucampo Pharmaceuticals, Inc. and commercialization partnerTakedasettled patent infringement litigation against Par, in connection with Par’s development of generic Amitiza. Sucampo had originally developed Amitiza as a constipation drug.

In 2023, Premera Blue Cross (Premera), a health care company, suedTakedaon behalf of Premera and similarly situated “end payors” on the basis that the Sucampo/Takeda-Par settlement was an implicit “no-AG [authorized generic]” “pay-to-delay” or “reverse payment” agreement causing end payors to pay higher prices for generic Amitiza since 2015.

Premera brought antitrust, consumer protection, and unjust enrichment claims under the laws of various states and territories because, as an indirect purchaser, the Supreme Court’s decision inIllinois Brick Co. v. Illinois, 431 U.S. 720 (1977) meant it could not bring federal antitrust claims.

Direct purchaser and retailer class actions that alleged violations of Section 1 of the Sherman Act followed, and were consolidated with the litigation. The court granted certification of a class of Direct Purchaser Plaintiffs (DPPs) and a class of End-Payor Plaintiffs (EPPs) in September 2025. In January 2026, the court rejectedTakeda’s arguments that the assignment of antitrust claims to the Retailer Plaintiffs (Walgreen Co., The Kroger Co., Albertsons Companies, Inc., H-E-B, LLP, and CVS Pharmacy, Inc.) were invalid for lack of consideration and that CVS lacked standing because its assignment post-dates the filing of its complaint.

Takeda reacts to verdict. In a press release issued May 19, Takeda said “We remain firm in our conviction that the plaintiffs’ case lacks merit, and we will vigorously pursue post-trial motions and an appeal. We also believe that there were both evidentiary and legal errors made during the trial. While we are disappointed with this outcome, we thank the jury for its service.”

The company added that “Under U.S. antitrust law, the damages awarded to the wholesaler class (USD 474,897,965 in single damages) and individual retailers (collectively USD 346,837,646 in single damages) will be automatically trebled upon entry of judgment. The damages awarded to the end payor class are subject to further proceedings prior to entry of judgment.”

The Case is No. 1:21-cv-11057-MJJ.

Judge: Joun, M.

Attorneys: April D. Lambert (Radice Law Firm, P.C.) for FWK Holdings LLC. Andre M. Geverola (Arnold & Porter Kaye Scholer LLP) for Takeda Pharmaceutical Co. Ltd.

Companies: FWK Holdings LLC; Takeda Pharmaceutical Co. Ltd.

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