If it's such an open-and-shut case, why hire a high-powered firm that'll cost $3M instead of some kid fresh out of law school who wants to make a name for himself and is willing to take ramen wages?
If it were a small start-up, that would one approach. Problem is that kid may screw things up and lose the case. Maybe not, but we're talking a VC-backed company with a board of directors and such. He did tell me that, looking at the list of other companies being sued, he felt that his company had "reached the big time." (The odds you've heard of his company are not very good -- I wouldn't have heard of it except that I know him, though I did run across it in an article in the last couple of months.)
The concept of hiring someone on the cheap to fight it isn't really one of the options on the table when you have investors and a board to keep happy.
