Uh, so what? Yazbeck himself withdrew that suit. So clearly he did not think he could prove that in civil court.
Plus, again, if making false and misleading statements about the company are at the heart of the case, that means those who adamantly said MYDX would be releasing the pen on July 18, 2018 and October 17, 2018 at 12:01 a.m. EDT, and the release not happening at those times, also damaged the company and are just as culpable in damaging MYDX and its share price.