On the one hand, this would explain why nothing in the PNJ fora has been announced yet. (The deal wasn't signed sealed and delivered. )
On the other hand, would Feargie sign onto a deal with Activision where the rights weren't completely accquired yet. (I think he might, on the one hand, it's not the safest move, on the other hand, Activision has a track record with marvel, and it's another Slam Dunk. )
Also, when does Xmen Legends 2 come out, if it comes out say, late '05 early '06, I think it's definitely a possibility that PNJ is Xmen Legends 3.