It's sad that they are tying up the courts valuable time. I've heard these cases are also ridiculously complicated, and mean the unfortunate jury members, have to endure such a trial, for a rather long time and they are sometimes or often, bewildered by the complexities of such trials. But, assuming we agree to keep the laws as they are, as regards fraud, I don't know what the solution is. But it could be to have three (quantity can be changed), expert fraud judges, who make the judgement, without a jury.
The Due diligence situation, reminds me of some of the Kickstarters, that are mentioned on these forums. In some cases, it is obvious to most of the people who are members of this forum, that it is a complete scam and technically/scientifically almost impossible, to achieve the stated goals.
For example, a free energy machine, which charges up batteries using spinning magnets and fills an empty water bottle, with pure/fresh water, anywhere, within minutes.
But in this case, I don't think it is that obvious, that a rather small medical blood test system, can't be developed, especially if billions of dollars are invested in it.
But it is a pity, they weren't identified as scammers, much earlier. The Medical Test Experts and Technical Experts, should have spoken up and/or been consulted more. As you say, it should have had professional feasibility reports, or whatever is needed. Before investing in it big time.