that's criminal beyond a reasonable doubt. In civil it is the preponderance of the evidence.
Monster Moto filed a retaliation suit of questionable merit. The time to challenge the novelty of the patent issued Motovox passed a long time ago. Seems to me an obvious desperation shot.
Still the burden of proof rests with MTVX and I would think a convenience settlement will be the outcome. Don't hold your breath waiting on those treble damages the pumpers keep touting. Only one to make out here is probably the lawyers.
"Any fool can criticize, condemn and complain--and most do.” Dale Carnegie
"Be ashamed to die until you have won some victory for humanity". Horace Mann