Lowey Dannenberg, on behalf of named plaintiff Premera Blue Cross, is leading a class on behalf of Third-Party Payers of Amitiza (Lubiprostone) against Takeda Pharmaceutical Company Ltd. and related entities. Plaintiff allege that drug manufacturers Takeda and Sucampo, acting as partners, reached an anticompetitive agreement with generic manufacturer Par Pharmaceutical, Inc. in 2014, under which Par would delay market entry of its generic Amitiza until January 1, 2021, at which point it could either sell its own generic product or a Sucampo-supplied product, and the parties would agree to split the generic revenue 50/50. 

On September 19, 2025, Judge Joun granted Premera’s motion for class certification, certifying both a damages class and an unjust enrichment class of Third-Party Payers who were injured by Takeda’s “pay-for delay” scheme that delayed generic competition.