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# Potential ‘Pay-for-Delay’ Settlements Down: Report
- URL: https://www.fdaweb.com/potential-pay-for-delay-settlements-down-report/
- Published: 2017-11-07T12:00:00.000Z
- Updated: 2026-09-14T23:00:38.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5140064

A Federal Trade Commission Bureau of Competition [report](https://www.ftc.gov/system/files/documents/reports/agreements-filed-federal-trade-commission-under-medicare-prescription-drug-improvement-modernization/overview%5Fof%5Ffy%5F2015%5Fmma%5Fagreements%5F0.pdf?ref=fdaweb.com) says that for FY 2015, drug companies filed 170 agreements as final resolution of patent disputes between brand and generic drug manufacturers, including 14 settlements that potentially involved pay-for-delay because they contained both explicit compensation from a brand manufacturer to a generic manufacturer and a restriction on the generic manufacturer’s ability to market its product in competition with the branded product. The report says that while the total number of agreements is not significantly different from the previous three years, the number of potential pay-for-delay settlements was significantly lower from the record high of 40 in FY 2012 and the 21 such agreements in FY 2014.

The seven potential pay-for-delay settlements involving generic drug first filers was the lowest since 2005, and significantly down from preceding years, FTC says.

“Building on a trend from recent years,” the report says, “the vast majority (at least approximately 86% and up to approximately 92%) of patent disputes filed in FY 2015 were resolved without compensation to the generic manufacturer and/or without restrictions on generic competition.”