Agreed. A sensible enough judge could throw this out on summary judgement, circumventing the opportunity for Nintendo's lawfare. All of Nintendo's points have been tried, so there's really no need to bring this into argument. Even if all of their claims were true, they're not alleging anything illegal. Take it to court, ask for summary, and strengthen the legal defense for this kind of stuff. I really hope they don't roll over, even if nobody can blame them for doing so.