The original Sam & Max was developed by LucasArts, but they don't own the rights. They licensed the rights from creator Steve Purcell and that license expired in 2005. Telltale Games has the current rights.
Telltale would hold the rights for the production of new property but Lucasarts would still own the rights to the software they developed. In order to get the game here, there'd probably have to be an agreement between purcell, lucasarts & GOG