Brand-Generic Pay-For-Delay Deals May Become Extinct, FTC Finds

Only one of 232 brand-generic patent suit settlements in the US during FY 2016 contained a side deal or commitment not to market an authorized generic.

3D rendering of Tyrannosaurus Rex near extinction. - Illustration — Will pay-for-delay deals between brand and generic companies go the way of T. Rex? • Source: Shutterstock

The US Federal Trade Commission found that only one patent settlement agreement between brand and generic companies in fiscal year 2016 contained a side deal or commitment not to market an authorized generic, suggesting that so-called pay-for-delay deals may become a thing of the past.

In its latest report on brand-generic patent settlements, released on 23 May, the FTC does not use the term...