<Is ownership of the 'property' (MMP) per se the key factor under the law, or is it the assigned (and undisputed?) right to market and monetize the MMP?>
I think you got to the crux of the matter with that question. I think you are 100% correct that it is about the assignment of rights. TPL claiming Moore gave up all rights Moore claims that was never the intention. Not exactly about ownership but the rights that usually go with ownership. And the rights aspect is contractural.
Hopefully it makes a difference in how the USITC views it. But we probably should have mentioned the litigation to be on the safe side.
For those who are wondering what OUII Staff Attorney means
Office of Unfair Import Investigations Staff Attorney
Opty