So who would Florrick/Agos be facing in court? Welcome back, Burl Preston (F. Murray Abraham). Mr. Preston didn't know Alicia had moved on from Lockhart/Gardner, so he mistakenly went to visit her there. But he did end up talking to Will, who wanted to join in on the suit just to battle Alicia. He had a pretty convincing sell: He knows how Alicia works. He knows her weaknesses. And he knows how to beat her. Still, Burl said no.
Burl: "I don't like you."
Will: "I don't like you either. What's that got to do with it?"
Nothing! Welcome to the case, Will!
Alicia & Co. paid Rebel Kane (who just so happened to serve time with Peter Florrick) a visit. Kane agreed to sell Rowby and Marshall the derivative rights for $5. It all seemed too good to be true. And it was. When Alicia went back to Florrick/Agos for a presumed settlement talk, she got the news that not only would Will be joining Burl on the case, but that they would be counter-suing for $800,000 and punitive damages.
In court, Florrick/Agos tried to get a declaratory judgment of non-infringement. But Will wasn't making it easy. True to his word to Mr. Preston, he kept interrupting Alicia to throw her off her rhythm. It worked. Alicia was pissed, but also inspired. She returned to court in a new outfit to distract Will. Her tactics also worked, and led to this fabulous exchange:
Will: "So you decided to change?"
Alicia: "Yup. Into what I wore the night you banged me the first time."
Will: "That’s pretty low of you."
Alicia: "I know. I wasn’t so discriminating back then."
The case continued the traditional back-and-forth trajectory. And eventually, Judge Marx (Dominic Chianese) made a decision: Mr. Tiller had acquired the derivative work created by Rowby, but it didn't matter. Rowby's song was an unauthorized derivative artwork, and therefore not protected. Their motion for a declaratory judgment of non-infringement was denied. But by coming after Alicia, Will had inadvertently lit a fire under her. Alicia refused to lose to Will.
NEXT: Robyn digs up something for the case and Kalinda digs up information about Marilyn....