I would like to see how Momenta would issue A/W rights to a patent that it already assigned exclusive rights to someone else. I'm sure Sandoz would have something to say about any settlement that would only benefit Momenta.
Right again.
I expect that MNTA cannot license the patents to anyone without Sandoz joining in the agreement. That however would not prevent the court deciding to force a royalty agreement on the parties.
I also expect that the royalties will be divided under provisions of the contract with Sandoz. I have asked if we know those terms and not gotten an answer. Best guess is that the royalties get divided just like profits. IF they are NOT divided then I would think Sandoz gets all of the royalties.
ij
It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes