No, since it was done in partnership with POET under the terms of their agreement. The SBIR grant paid for it. Now if they were to continue to develop it outside of this arrangement, then there could be a problem.
From what FJ is saying, this particular chip is by no means a finished article. It was a proof of concept and a lot of refinement would be needed. If im not mistaken, BAE are not able to produce the VCSELs that POET require and hence the end of their, publicised, relantionship.