If a lot of money is on the table, all kinds of loopholes can exist. You see stuff like that, all the time, with academic research.

[EDITED TO ADD] It’s really common for large corporations, with staff counsel, to lodge lawsuits they know they can’t win, because they bet their pockets are deeper, and they think they can force a settlement.

Ugly, but it’s the American way. He may have more luck in the UK, though.