Actually I need to revise that after rereading the interview. Here is the quot:
"Indeed, we could not choose characters that were not on that list and if there was anyone who wanted to use Marvel said we do not pick up that takes this one. In this sense, we wanted to bring back a couple of characters in MVC2 as Juggernaut and The Sentinel but could not."
This could just mean Capcom wanted to ask but weren't allowed to, but Marvel may have selected him. So false alarm on my part. I posted this as I woke up lol.