Ahhh funny you should ask! It's quite interesting. Baja Rack isn't taking Gobi's Sh*t laying down. They have hired their own lawyers to fight back and its looking like the whole thing will go to trial by jury in June. That is of course when the final decision will hopefully be made, but it may take longer.
But so far here is a quick summary of some of what i found most amusing:
1. Baja called out gobi on all of their BS allegations. Gobi claimed hat BAJA was aware of the patents since 2012. When they were only actually filed in 2013 and it would have been impossible to be aware of them since 2012. that was for the jeep roof rack patent. Gobi made the same mistakes with the FJ ladder claiming 2006 when it didn't exist until 2007. Unfortunately the suit wasn't thrown out but gobi was allowed to amend their suit with the correct dates.
2. Baja has filed a counter suit which it is looking for the the design patents that gobi has to be thrown out, since they are so vague and aren't for anything specific. And that Gobi also pays relief to them. basically covers their lawyer fees, costs, damages and such.
3. Baja then goes on to say that the "patented and patent pending designs" that gobi lists on their website is a whole bunch of B.S. because of the list of 50+ Intellectual property at the bottom of the page includes expired patents, patent application serial numbers and patent application publications that confer no enforceable right. foreign patents not enforceable in the US and other patents wholly unrelated to roof racks and ladders.
4. (this is one of the good parts) Baja also uses the "unclean hands affirmative defense" what that means is that they are accusing Gobi of acting unethically and in bad faith and thus they are not entitled to obtain any remedy. AKA calling Gobi a patent troll!!!
5. More info added to their countersuit claimig that gobi is intentionally marking their racks and ladders with expired patents, patents it doesn't own and patents with no enforcable claims in an effort to limit competition from other companies.
6.(this is my favorite part so far) Baja uses Gobi's suit with WMW as an example of them "patent trolling" to limit and force their competition out of business. Sadly, since WMW doesn't make the roof racks anymore... It is a very good argument.
Now onto the differences between the Gobi and Baja items:
The roof rack for the Jeep, has tons of differences between how it mounts to the body, and support points. the only thing they share in common is that they both take advantage of Jeeps shitty production quality with huge body gaps.
The FJ Ladders has grossly different means of attaching to the back door, And Baja's looks to be superior. The only shared features appears to be horizontal rungs. and Gobi sure as hell doesn't own the patent for those, since according to wikipedia ladders were depicted in mesolithic rock paintings that are over 10,000 years old.