one wonders if MNTA would be in a better financial position to make an agreement with Ampha/Watson for the use of their patents - or to use such a thing as leverage with NVS to make a more favorable profit split?
I would suggest that that depends heavily on exactly what the licensing terms are - e.g. regarding re-licensing rights, lead in the lawsuit, ... . Things we do not know.
In addition to licensing terms between Sandoz and Momenta another possible reason for renegotiation might be about tax issues if royalties vs one-time-fees, vs profit sharing are treated differently.
PS and FWIW - now that the AG Hybrid has kicked in I would expect Momenta to push for up front payment from Amphastar in addition to royalty terms such as those first proposed by DD. Perhaps they don't get them and settle for more generous terms later - but after all a large hunk of the irreparable damages were about up front cash flow.