The Federal Trade Commission’s Newest Campaign: Drug Device Delisting from the Orange Book

This article discusses the Federal Trade Commission’s renewed offensive against drug-device patents listed in the FDA’s “Orange Book,” alleging that such listings improperly stifle generic competition. Framing this campaign as a sequel to the long-running “pay-for-delay” wars culminating in FTC v. Actavis, In addition, this article traces how the agency has targeted metered-dose inhaler patents and other delivery devices for delisting, culminating in Teva v. Amneal, where the Federal