I am not sure they are doing the 40nm reduction with BAE. They were already working with them and it was not a secret. Also, it is still unclear why the 100nm reduction was originally supposed to be done at a 3rd party foundry link p22.

''Dr. Geoff Taylor, Chief Scientist and Board member noted: "Developing the 100-nm feature size technology in the current POET labs has proven to be challenging. With the collaboration of our "3rdparty foundry", we now have access to state of the art equipment highlighted by a state of the art ebeam writing tool. This will help us make the process more stable and predictable and help prove our process in a true manufacturing environment." link