It's not a good analogy cause no one sues each other for little hammer injuries. It's more like the guy who gets wacked saying 'hey what the heck man that's my distinct hammer design but you made a machine that makes almost precisely my exact hammer and I hold a patent for this'...(or something like that)
"You've made a machine that can be easily tuned to produce almost precisely my exact hammer and people who use the machine get freaked out that I can sue them."
