</font><font color="blue" class="small">( Kioti has been in the US for quite a while with the same color as Kubota and Kubota hasn't said a thing. )</font>
According to what I've read, attempts to settle out of court were unsuccessful, so I'd be inclined to think that Kubota must have said a thing or two before filing the lawsuit. But of course, I don't know enough about the lawsuit to have any opinion either way as to the merits of the case.