NorthWest Biotherapeutics Inc (NWBO)

[pqr]

The Magistrate Judge is not dismissing NWBO’s Complaint. Basically the ruling (which I have not read in the entirety) is a technical argument between the magistrate and Posner about what nwbo has to PLEAD has occurred in terms of claiming that the spoofing caused the damages claimed in the lawsuit. This was an area of some discussion at the oral argument and it’s likely that the magistrate teed up this whole analysis beforehand.

But a party will be allowed to amend and plead sufficient facts as long as such amendment would not be “futile” and the Judge ruled (based on the discussion at oral argument I believe) that such amendment “would not be futile.” So nwbo has 14 days to amend and bc it’s already need debated Posner will know exactly what to plead.

Other than delay it’s actually a good thing bc there is no clear precedent requiring this level of pleading of causation (I say that based on the oral argument) so the resultant MTD dismissal will be pretty bulletproof. And I suspect only a couple of months delay will be caused by the ruling and amendment. But in the meantime the magistrate has said that the amendment “would not be futile” which is saying that assuming the satisfactory amendment the MTD WILL be denied