OK. It will be interesting to see what happens.The beat and bassline is the basis for the entire song. The only thing that is different from Gaye's version is the melody. It's obviously a much more commercial melody which is guaranteed to sell to the peons. But there is no song with just the melody and it's not as difficult to write a pop melody over a plagiarized track as it is to write a brand new song from top to bottom .
It's a strong case since there are numerous precedents in the music industry already. Artists and/or their estates are compensated on less "reminiscent" grooves all the time, hence Thicke's settlement offer to Gaye's estate.