Patent settlement curbs could reduce incentives to bring generics to market; report

23 July 2013

A new white paper released this week, titled The Benefits of Patent Settlements: New Survey Evidence on Factors Affecting Generic Drug Investment, by Jonathan Orszag and Bret Dickey of Compass Lexecon, shows that when companies consider bringing new generic medicines to market, the ability to settle patent litigation – also described as pay-for-delay deals - significantly influences their decision.

These findings are particularly timely as the US Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy and Consumer Rights holds a hearing on limiting settlement options for generic pharmaceutical companies that pursue patent challenges. Report author Jonathan Orszag will be among those testifying.

Generics already make up 84% of prescriptions dispensed in USA, notes GPhA

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