It is not stolen. It’s an arpeggiated version of a common chord progression ( im - i min/maj7 - im7 - IV7 ). “This Masquerade” by Leon Russell uses this movement. So does George Harrison’s ‘Something’, as well as ‘My Funny Valentine” and many others. You can’t copyright a chord progression.
Bingo!!
All they have to do is convince a jury it's not just an arpeggiated version of a common chord progression, but rather a melody.