Ann: Clean Seas Seafood Launches SensoryFresh, page-24

Something like this at trial is going to come down to the scientists who testify. CSS had poor survival rates under their feed, then switched to a competitor & suddenly they had good survival rates. So as long as that is all that CSS changed it should be a slam dunk at trial with the right independent witnesses.
If the interlocutory is favourable then Gibsons would be crazy to continue to go to trial unless they are in a situation where they financially can't afford to settlle, don't have insurance cover & have nothing to lose by going to trial as they're bankrupt unless they win either way.