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Dear IanStewart VeritasKarishma DmitryFarber,

Why is choice #1 not chosen as AGAINST Company S's claim?

We now know that M and S share UNIQUE similarities (IMO, choice #1 is opposite of choice #3 which states that M and S share already-existed similarities)
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Dear IanStewart VeritasKarishma DmitryFarber,

Why is choice #1 not chosen as AGAINST Company S's claim?

We now know that M and S share UNIQUE similarities (IMO, choice #1 is opposite of choice #3 which states that M and S share already-existed similarities)

M accused S of copying - saying that your interface is similar to ours.
M saying that T's interface is different from ours doesn't strengthen M's case and doesn't weaken S's case. How different M's interface is from some other interface is irrelevant. We need to focus on how similar S's interface is to M's interface.
What strengthens M's case is that S's code is identical in parts to M's code (the part written by the ex-employee)
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Dear KarishmaB,

Why is not #1 correct for For Argument - similarity is only in the code that is in industry for years , while in #3, only some parts are similar to the user interface that is at issue.
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Dear KarishmaB,

Why is not #1 correct for For Argument - similarity is only in the code that is in industry for years , while in #3, only some parts are similar to the user interface that is at issue.
#1 is not enough because it refers only to generic long-used features and says nothing about the specific disputed designs or timing.

#3 is stronger because it shows the disputed designs existed earlier elsewhere last year.
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