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either way, I think it's a lost cause if capcom tries the lawsuit. for example: mario defined the platform genre but that doesn't mean any game where a character jumps on enemies and goes from point A to B is a copy that can be sued. there are two factors that allow a company to sue another for plagiarism:

1- Art style/sprites that are basically copy pastes with a few changes.

2- copy of level design, as in: a game that looks different but plays the same, with platforms, enemies and whatever located on the same place of the copied game's level design.

Mighty no 9 isn't doing neither of those.