Why? Certainly there are plenty of licensing agreements where the originator licenses everything to the licensee in exchange for a royalty. Which is a form of pre-specifying the patent suit split.
Your reply is non-responsive to my point that either party (NVS or MNTA) can torpedo a proposed out-of-court settlement with Amphastar by simply refusing to sign on the dotted line.
If a royalty payable by Amphastar were imposed by Court order rather than via an out-of-court settlement, then the language in the NVS-MNTA’s 2003 agreement would pertain, but that’s not the scenario we’re discussing in this thread.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”