He'd probably have an easier time with the lawsuit if instead of appealing to upgrade logic, he just went with, I don't know...
THE TIME MICROSOFT PUBLICLY ANNOUNCED WINDOWS 10 WOULD BE THE LAST NUMBERED VERSION AND THAT THEY'D NEVER NEED TO UPGRADE OS VERSION AGAIN.
https://www.bbc.com/news/technology-32658340
Pepperidge Farm remembers, Microsoft scum.