Compensation is also frequently determined by the fare paid or airline loyalty program status of the passenger.

BBC: What��s fair when compensating for flight delays

With billions of dollars at stake and neither company certain how it might fare in court, a brand-name manufacturer might prefer to pay its potential competitor substantial compensation to delay its generic drug and the generic maker might welcome a hefty payoff rather than face the uncertainties of litigation and marketing.

FORBES: The Times Reproduces The FTC's Flawed Position On Drug Patent Settlements