Generex Biotechnology Corp. (fka GNBTQ)

[WeeZuhl]

Nice win for Generex. Just a skirmish, but a win is a win.

Seems like more of a Pyrrhic victory.

After reviewing the briefing and arguments raised in the Hearing, it is the Court’s determination that the balance of threatened injury weighs against the issuance of a temporary restraining order. The balance weighs against entering a temporary restraining order based on Defendant’s ability to continue as an ongoing concern due to the current COVID-19 pandemic. Some examples that July 14, 2020 10:35 AM 2 of 6 the Court relies on are that Defendant has seen a reduction in surgeries performed in VA hospitals which has affected Defendant’s current case flow, as well as the limited market for Generex shares as an over-the-counter stock.

...

As for irreparable harm, the Court notes there is potentially an argument that the Plaintiff could prevail with regard to irreparable harm, but the failure to meet the other elements of Rule 65A(e) prevents the Court from issuing a restraining order under these circumstances. The Court notes that this case presents serious issues on the merits which should be the subject of further litigation.

https://www.investopedia.com/terms/p/pyrrhicvictory.asp

The expression "Pyrrhic victory" alludes to King Pyrrhus of ancient Greece. After King Pyrrhus's army suffered many casualties in defeating the Romans in battle, he reportedly said, "If we win another such battle against the Romans, we will be completely lost." A Pyrrhic victory occurs when the toll taken on the "winning" party does not offset the benefit of success.