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.
Strongly disagree - since if they had terms about how to split patent suit results then if either party strayed too far during settlement talks the other side would undoubtedly trigger arbitration - or just let the suit run its course. I.e. you might be right in principal, but as a pragmatic matter any such terms would still apply to a settlement. (I've been in such negotiations before - and even when the terms don't strictly apply they are still loosely followed.)