I agree unless short term damage is found to have happened consistently over time by various mechanisms uncovered during discovery in which case longer term damages might possibly be reconsidered. Best wishes.
Regardless of whether it's 40 million or 234 million shares, the core issue is whether the positive news was suppressed. Since then, the stock hasn't truly recovered, even before considering the effects of dilution.
That should put to rest any talk about damages related to long-term price suppression.
Discovery can find information that was not available at the time the MTD was argued. Cases can be amended. If sufficiently supportive information is discovered a new case can be filed.
So, at the moment what you say is true and it may continue to remain true. It is not guaranteed to stay that way.