NorthWest Biotherapeutics Inc (NWBO)

[exwannabe]

If the Judge accepts Posner's submission and doesn't dismiss the case, hasn't the Judge already made the decision on guilt or innocent's.

No. If you read the Court's opinion, you will see many times the Judge says that the argument by defense is to be made at summary judgement time, not as a MTD. At MTD the defense had no ability to bring in facts to dispute the claims. The plaintiff has a very low bar on key issues such as skinter.

After the amended complaint the defense will file a new MTD and that will very likely be rejected. after that comes discovery.

After discovery comes the motion by defense for summary judgement in their favor. That is when the gloves come off. If it gets past that stage then the defense is in trouble. But the MTD stage is just a minor roadblock.