Days after a jury priced a broken Lilly partnership at $90 million, Ricks promises bigger deals

A federal jury ordered Eli Lilly to pay Nektar Therapeutics $90 million on 24 September for breaching good faith in a 2017 drug license. Four days later, CEO Dave Ricks promised bigger acquisitions after a record year of more than $20 billion in deals. The gap between those numbers is the price of enforcing a Lilly partnership.

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Vincent JiangVincent Jiang · 3 min read
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Eli Lilly's headquarters building in Indianapolis with the red Lilly script sign on the roof and an American flag flying above it
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Eli Lilly's headquarters in Indianapolis. Four days after the Nektar verdict, chief executive Dave Ricks promised investors bigger acquisitions.

Ricks promises bigger deals from a record war chest

In Milan on 28 September, on the sidelines of the European diabetes congress, Lilly chief executive Dave Ricks said investors should expect "slightly larger" acquisitions on the scale of the $7.8 billion Centessa buyout, as the world's largest drugmaker hunts the "white spaces" of science: infectious disease, women's health and psychiatric conditions 1. Lilly has signed about 40 deals this year worth more than $20 billion, its biggest year ever, and Ricks cast the alternative as buybacks and dividends: "It's much more interesting to reinvest in human health" 1.

Dave Ricks, chief executive of Eli Lilly, speaking at an event in a dark suit and blue patterned tie
Dave Ricks, Eli Lilly's chief executive. In Milan on 28 September he told investors to expect slightly larger acquisitions. · Virginia Office of the Governor via Flickr

A jury had just priced the last partnership

Four days earlier, on 24 September, a federal jury in San Francisco found Lilly breached the implied covenant of good faith and fair dealing in its 2017 license with Nektar Therapeutics for the autoimmune drug rezpegaldesleukin, and awarded $90 million, with interest still to be set 23. Nektar had sought about $1 billion 2. The case, 3:23-cv-03943, was tried before Judge James Donato, with Kirkland & Ellis and Quinn Emanuel on the briefs 45.

The jury awarded less than the 2017 upfront, and under a tenth of the claim

  • Estimate
$0M$200M$400M$600M$800M$1,000MDamages sought$1,000MMilestones (up to)$250MUpfront (2017)$150MJury award$90MBelow the $150M upfront Lilly paid in 2017
Data
Value
Damages sought (estimate)$1,000M
Milestones (up to) (estimate)$250M
Upfront (2017)$150M
Jury award$90M
All figures in millions of US dollars, for the 2017 rezpeg license and Nektar's suit over it. The milestone total is contingent and the damages claim was for about $1 billion, so both are estimates. The award of 24 September 2026 is before interest and subject to post-trial motions and appeal. Sources: GEN, 27 September 2026; Law360, 24 September 2026.2,5

Three years, two failed trials, one rival buyout

The 2017 license paid Nektar $150 million upfront plus up to $250 million in milestones 5. In 2020, Lilly bought Dermira for about $1.1 billion, acquiring lebrikizumab, a rival to rezpeg that is now approved as Ebglyss 36. After rezpeg missed primary endpoints in two Phase 2 trials, Lilly terminated the collaboration in 2023, and Nektar sued that August, calling it the "all-too-familiar story of a large pharmaceutical company elevating profits over all else" 5. Pushed off its October 2025 date by the government shutdown, the trial began 8 September 2026 58.

A rounding error for Lilly, 4.4 percent of Nektar

Lilly's 2026 deal sheet dwarfs the $90 million a jury awarded Nektar

  • Estimate
$0B$2B$4B$6B$8BCentessa$7.8BKelonia (up to)$7B3 vaccine makers (up to)$3.8BAtaiBeckley (up to)$3.8BMerida (up to)$2.88BAjax (up to)$2.3BVentyx (about)$1.2BNektar jury award$0.09BUnder 0.5% of Lilly's $20B+ deal year
Data
Value
Centessa$7.8B
Kelonia (up to) (estimate)$7B
3 vaccine makers (up to) (estimate)$3.8B
AtaiBeckley (up to) (estimate)$3.8B
Merida (up to) (estimate)$2.88B
Ajax (up to) (estimate)$2.3B
Ventyx (about) (estimate)$1.2B
Nektar jury award$0.09B
Announced deal values in billions of US dollars. Bars marked up to or about include contingent milestone payments and are estimates. The jury award of $90 million, dated 24 September 2026, is before interest and subject to post-trial proceedings and appeal.1,2,7

For Nektar, the award is $2.64 a share, about 4.4 percent of the stock, yet the shares closed down roughly 4 percent at $57.06 on 25 September 5. For Lilly it is less than half of one percent of a record $20 billion-plus deal year; the stock closed 29 September at $1,184.63, a hundredth of a percent from flat, on a market value near $1.06 trillion 16.

Lilly's answer: the correct amount is zero

Lilly says the jury confirmed it used commercially reasonable efforts on rezpeg and awarded damages only on a secondary claim, and that "the correct amount is zero"; the company will seek reversal 36. Canaccord Genuity analyst Edward Nash keeps any payout out of his Nektar model, since an appeal could mean months or years before a dollar arrives 5.

The price is still accruing

The court has yet to set the interest, and post-trial motions and an appeal clock come next 23. Nektar has moved on regardless: a Phase 3 study of rezpeg in atopic dermatitis launched in July, and the company ended June with about $1 billion in cash 36. Enforcing a Lilly partnership now has a market price: three years in federal court for less than half of one percent of a single year's deal budget.

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