NorthWest Biotherapeutics Inc (NWBO)

[biosectinvestor]

Gary, respectfully, if you read the 2017 Federal Court decision, it’s not possible that even then they would have decided the trial had failed and nothing indicates that in their statements. That was the allegation that was dismissed for failure to state a claim. All it needed to be was plausibly provable given any scintilla of actual evidence the parties could bring. For the purposes of a motion to dismiss, it takes the most lenient approach in court possible to a plaintiff’s allegations, so that they have the opportunity to prove their case through discovery. But they also try to prevent abuse of the court process to harass and manipulate. So for the purposes of that decision, they PRESUME that all of the allegations are true and determine if there is the slightest even baby tiny, tiny scintilla of evidence might suggest there is a reasonable argument to be had. The court determined, after the plaintiff amended the complaint, and without prejudice, that they had no such evidence. They examined the record thoroughly. All of the articles filed for AF, etc. both parties got to argue in their documentation and memos of law.

The plaintiff could also have filed again, as the case was dismissed with a long opinion about their failed case, but without prejudice...Plaintiffs did not file again.

There was no evidence and they would have definitely filed again if there were a hint, that anyone believed that PFS had failed and the company was lying. All they needed was a hint or whiff that there was a real controversy on this point. There was none and they decided not to file again. That was their choice. Instead, they went to the SEC, I believe, and the SEC investigated thoroughly. But nothing came of these specific allegations. I doubt that any stone was left unturned in efforts at discovering an evidentiary basis to such claims by the end of all of this noise.