There is much wrong with the pharmaceutical industry including pay-to-delay genericI disagree on this one.
Pay-to-delay is just the branded drug manufacturer and the generic company splitting the difference through negotiation. What you end up with something in-between the two potential outcomes.
Situation: branded drug has 2 more years of patent life, but generic company wants to challenge it; neither party is sure they will prevail.
Outcome 1: patent holds and branded manufacturer gets entire market for two years/generic company loses money on legal fees
Outcome 2: patent holder loses patent and money on legal fees/generic company gets entire market for two years (yes, typically this doesn't happen, trying to simplify)
Instead of each party going to court and paying a ton in legal fees with an uncertain outcome, the pay-for-delay is splitting the difference. The branded manufacturer pays the generic company $X to delay entry until year 1. Everybody gets something from the deal.
They call it "pay-to-delay", but that ignores outcome #1, where the generic is delayed for an even longer period.