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Jury finds Takeda liable in Amitiza pay-for-delay antitrust case

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Score
9

Why it matters

A federal jury in Massachusetts found Takeda Pharmaceuticals liable on May 18, 2026, for an anticompetitive reverse-payment settlement involving Amitiza, a constipation and IBS medication. The nine-member jury awarded $884.9 million in damages across three plaintiff classes: $474.9 million to direct purchasers, $346.8 million to retail pharmacy chains, and $63 million to end payors. The direct-purchaser award will automatically treble to roughly $1.4 billion upon entry of judgment. The case, In re Amitiza Antitrust Litigation in U.S. District Court for the District of Massachusetts, challenged Takeda's 2009 settlement with generic manufacturer Par Pharmaceutical over patent litigation. Plaintiffs alleged the deal included an unjustified reverse payment structured as a 50/50 profit split with declining royalties, plus an implicit commitment by Takeda not to launch an authorized generic. The jury found Takeda possessed substantial market power and that the settlement unlawfully delayed generic entry until at least April 2018.

Takeda has stated the verdict is not yet enforceable pending entry of judgment and signaled its intent to file post-trial motions and appeal. The scope of potential liability exposure—potentially exceeding $2.5 billion after trebling and additional proceedings—remains subject to further litigation.

This verdict marks the first jury trial win for private plaintiffs challenging a pay-for-delay settlement under the Supreme Court's FTC v. Actavis framework. Attorneys should monitor whether the result withstands appellate scrutiny and how it reshapes settlement negotiations in patent disputes. The case demonstrates that reverse-payment claims can survive class certification, summary judgment, and trial, creating meaningful exposure for pharmaceutical companies settling patent litigation with generic competitors.

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