Given the guy who wrote this wrote both the first and supposedly infringing code, I have a bit of an analogy here from personal experience from another field.

Given the guy who wrote this wrote both the first and supposedly infringing code, I have a bit of an analogy here from personal experience from another field. For a while I worked in translating, and I translated a couple of books for the same author. One of the later books quoted about a page from the first one I had translated a couple of years earlier. I just translated it again because it was faster than finding the passage in my other translation (first point). Afterwards, I went back out of curiosity and checked the two translations against each other. I was quite surprised to see that in one full page of translation, after years of further experience, there was only one or two prepositions that were meaninglessly changed (point two). Some things are just so obvious that the same guy doing the same thing years apart will produce the same results, especially if he is an expert in his craft. Unless there is some way to prove otherwise, this point of the case should be definitively dropped.