Do your DD again. Your statement is not accurate. TGGI still owns 50% of the device and is negotiating to obtain 100% control. TGGI is seeking, to get a cash infusion. So in my opinion that could be used to patent and produce the device.
TGGI would seek a cash infusion as part of the deal and will have to return a significant portion of the shares of BDCI as part of the exchange.