They just have thought it through. They don't know that their will be subpoenas of their systems of their employees. I guarantee you they will drop the suit as soon as they do. They might just not have smart lawyers.

They are going to get subpoenas about all parts of their system and their employees will be subpoenaed. Maybe they didn't think this through? They will probably drop the suit when this dawns on them.

Look at it this way: This game would otherwise end in a draw. Isn't it better if someone wins?