The result will not have leaked and you cannot sue for damages. This increase is just a punt by speculators. There is no issue of 'passing off' here either. Quite simply, Symphony entered into discussions with EPI and then used 'publically available material' to evade a confidentiality deal. The result of the appeal is far from certain. If EPI can show that SYM would not have known where to look for the information 'but for' the contact they had with EPI (that was governed by the confidentiality agreement), then SYM will lose and probably go bankrupt. If however, SYM can show that it was obvious 'to all' what went into these special ingedients, then SYM will win. It is worth noting that even if they win, SYM will still have a huge legal bill to pay and will not be entitled to any compensation. They will have the majority of their legal costs met by EPI (say 75%) and will simply receive back the money they paid into court as security.