Judge Parsons, groping for safe ground (he doesn't want to be reversed twice on the same case), may resort to the original terms SIGA and Pharmathene had been negotiating those many years ago. They would have assigned the drug to Pharmathene, who'd pay SIGA a small licensing fee of 8-12%. The problem is that Pharmathene never did any of the many things required to earn this control of the drug. And it's impossible to roll back the clock and determine where Pharmathene would be right now, money-wise, if they had (and thus determine their "injury"). It's hardly fair for SIGA to lose nearly all revenue from a drug whose development, marketing, and risk was footed entirely by them.For those reasons, I don't think it will happen like that. But there are other factors to consider if Judge Parsons did go that route.
If control of ST-246 were taken away from SIGA and given to Pharmathene, SIGA's lucrative contract to produce ST-246 for the government would be null and void, forcing Pharmathene to:
1. gain the government's trust (Pharmathene has no successful scientific track record, just a long history of the sort of hyperbolic public touting which rubs health authorities and homeland security bureaucrats the wrong way),
2. pursue a contract of their own (after a long bidding period and extensive negotiations, which could take years...and be subject to the sort of protests that plagued SIGA's award), and
3. establish the rigorous and expensive corporate and scientific security measures required by BARDA of its contractors (which have already been completed by SIGA).
Also lost would be SIGA's connections (with other nations, with WHO, and with scientific bodies) with respect to ST-246.
The loss in value, connections, and marketing - as well as the substantial time delay and added uncertainty - would make this a distasteful scenario even from Pharmathene's perspective. I'd imagine they'd prefer a parasitic relationship, effortlessly sucking off their share. That's what the original decision ordered, and my speculation is that this is how it will wind up (though, hopefully, at a more modest profit split).