Dodge The Issues If Discussing Them Is A Losing Proposition
This is what happens on page five of their April 22, 2005 filing.
Items 1, 5, and 7 are misrepresentations I'll deal with in another post. Items 2, 3 and 4 are typical of the Random House strategy of NOT dealing with similarities, but trying to distract attention to those areas of difference.
This latter strategy overlooks Supreme Court precedent: As Mr. Justice Learned Hand pointed out, "No plagiarist can excuse the wrong by showing how much of his work he did not pirate." (Sheldon V. Metro-Goldwyn Pictures Corp., 81 F.2d 49, 56 (2d Cir), cert. Denied, 298 U.S. 669, 56 S.Ct. 835)
You can find more information about why differences don't count like similarities do at this link. Sorry it's an image, but court filings are .pdf's that are _image_ files which means that you can neither search through them nor cut and paste text.