Alderoty is highlighting this case because they are in the "damages" phase.
And this case is saying that XRP holders must have LOST money on XRP in order for Ripple to be liable.
And if you bought XRP for under its current price, you haven't been damaged - by Ripple, at least.
Another loss this week for the SEC – the streak continues. The 2d Circuit in SEC v Govil held that the SEC can’t ask for a crippling disgorgement award w/o first proving that “investors” suffered actual financial harm. In other words, no harm, no foul.