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.