Generics makers are claiming vindication after a Federal Trade Commission report found only a single patent case was settled with “pay-for-delay” tactics in fiscal 2016—the lowest level since the government began tracking such settlements.
The trade commission recorded 232 agreements between brand and generics makers. Thirty of those involved the brand company paying cash to the generic makers in return for restricted use of a generic, but most of the payments involved attorneys’ fees. The average payment was $2.85 million.
“By FTC’s own account, current law is working, and reverse payment settlements are no longer a systemic problem,” says Rachel Schwartz, a spokeswoman for the Association for Affordable Medicines.