The only way one could possibly win would be to include the management (since they have stock), and most importantly, get information as to why it took so long for the ANDA approval which Dr. Da was touting for 2016 and part of 2017. I have to believe there were issues with the submission in which share holders were not informed. I have tried with the FDA but it would take a court order.
There is one other condition which could possibly be cause and that is his touting profitability by end of 2017 and 2018 (even though stated as part of Safe Harbor). I think the courts would find it hard to believe he didn't know his expenses vs profits.
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