There is a clear difference between companies gravitating towards basic features that reflect function and consumer demand, and intentionally infringing on a unique patentedinvention.
In the end, the ITC may pay attention to U.S. Appeals Court ruling in favor of Samsung which stated that an injunction is proper only if the patentedinvention drives sales and is not proper if the patent represents a single feature of a multi featured device.
Mr. Bascom may indeed have invented and patented the technology, but the costs of invention and patenting of this sort of technology are likely not anywhere near the cost of prosecuting an infringement action or defending a declaratory judgment action.