Drug Patent Litigation is Robust

You may have heard the stories about brand-name drug-makers and generic competitors quietly doing deals called “pay for delay” with each other. “Pay for delay” consists of a brand-name drug-makers which has a drug coming off patent paying a generic competitor not to challenge the patent and enter the market.

It sounds pretty bad, although it may actually be an efficient way to resolve a patent dispute. In fact, generic drug makers are attacking patents more aggressively than they have in years, according to research by Lex Machina. They file faster and more often. As a result, the patented medicines being challenged are younger – only five years old, versus ten in 2010.


It looks like pharmaceutical intellectual property is more vulnerable than it’s been in years.

HT: Meghana Keshavan, MedCityNews.

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  1. Fred says:

    It’s probably cheaper than extensive litigation!