Would you sue a hammer for hitting your thumb? You have to sue the one wielding it.

You should atleast give it a thought if the same hammer refuses to hit certain people's thumb but will happily hit yours.

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)