IMHO, the judge is trying desperately to find an end result that will either give NWBO a win without Citadel, Virtu and the rest having to pay a major cost or render a decision against NWBO, positing some face-saving bs like NWBO has not incurred any significant cost directly attributed to actions in which the defendants engaged.
I hope for the best... but I don't expect a positive outcome. I really really want to be wrong, but our legal system seldom dispense justice when the case involves 1%ers and would result in their (and perhaps the industry's) potential bankruptcy.