They received an unambiguous request to file after presenting “the majority” of the data. When they filed, they presented “all” of the data which likely strengthened their case even more.
No fuel for a lawsuit: everything he said was after the Safe Harbor Statement was read. He could have been fabricating everything (and I think you have to assume there was some fabrication in there) and it still wouldn't be actionable. The courts have already decided that "puffery" is legal.
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