If I had to guess, the MTD is all they are hoping comes in ahead of any MAA approval decision. The damages are based upon the times listed in the complaint, and that does not include now. I think you might not know that. However, the MMs major defense, although misguided, is that dcvax-l is a failed therapy marketing application.
Therefore, NWBO would more than likely want approval in their back pocket to 100% refute MMs’ primary argument going forward. I think NWBO are counting on the Judge to follow the law and not look beyond the complaint, and, beyond that, maybe rule on the MTD before any MAA approval decision. This would effectively free Ms. Posner to go toward trial with a full head of steam, and NWBO to go towards commercial launch, ramp, automation, trials, etc with a full head of steam, if they have third party funding aside from any lawsuit anticipatory funding.