I'm not sure if your question is rhetorical or not. I have never seen a company use as a defence in a court of law the argument that if we had copied your product as you claim then our product would of been better. That I don't interesting and I'm not aware of any case were such a argument has been leveridged before and as such found that aspect interesting. I hope that answears your question if it was a question. If your aware of anything similiar in a technology companies many outing in courts approaching such a similiar argument then I'd be interested - has this argument been used before in a court?
