US Stem Cell Inc (USRM)

[NoMoDo]

I think you may be right. I read USRM's motion for summary judgment and I believe they have a strong argument for summary judgment in favor of USRM.

IMO the entire argument comes down to whether the enzyme used to separate the stem cells from the fat cells changed the composition of the stem cells so drastically that it needs to be regulated.

USRM makes a strong argument that it will change the stem cell, but the change is nominal AND according to statute (not guidance) the change falls within the statute. Oftentimes a ruling will come down to the definition of a single word. The word of the day is "SUCH." From the motion:

Essentially, Plaintiff asserts that “such” should be interpreted to mean “same” or “identical.” This position, however, is explicitly contradicted by the plain, unambiguous language of the SSP Exemption. Moreover, it violates established canons of interpretation and is plainly contradicted by the Plaintiff’s own expert.

EDIT: Thank you A1 for the info