You make a very good point but, in my experience, it is never wise to underestimate the resourcefulness and tenacity of parties that specialize in shark-like tactics (assuming that is indeed the case with Fusion Garage). Yes, parties can and do fold when they run out of resources but the expectation that they will do so, without more, is usually a gossamer-like basis upon which to pursue a lawsuit - this type of strategy can all too easily backfire on a party (and I have seen this happen all too often in the real world of litigation).

By the way, I am not saying that TC's case may not have winnable elements - only that its core case may be relatively weak.