Hmm? In Invincible Iron Man
#8, the first post Secret Invasion issue, when he's leaving the HAMMER facility, Tony states he's taking everything that is his (i.e. the proprietary Stark tech) with him. Then in the next issue he's shutting the company down. Doesn't seem like Osborn is in charge of jack as regards to Stark Industries.
And all that aside, Tony has usually been pretty stringent about keeping the Iron Man tech out of other people's hands. Even to the point of going on a "rampage" and faking his own death (or at leas the death of Iron Man) to regain control over the IM tech.