No one ever won a law suit by putting forward a tepid case. They will position for maximum damage as a bargaining position, just like any of you would.
Are you talking about Automattic? I'm not talking about the lawsuit, I'm talking about the things surrounding. Especially the checkbox when logging into Wordpress.org in which you must proclaim you aren't affiliated with WPEngine.
That is simply terrible behavior, one that impacts users, not just WPEngine. I personally will never use Wordpress again because of this.