I really think you're over-estimating the legal system in the US if you think this is cut and dried
Thompson would have to show some kind of malicious intent on the part of EA in order for it to go anywhere legally. Unless he's completely off his rocker I doubt Thompson will try to litigate any of this. I'm guessing he's going to try and embarrass EA into some kind of recall to place warning stickers much like he did with R*. Ultimately he knows all this press will have a negative cumulative effect on public opinion so when he brings the next Paducah-type case to court he'll stand a better chance.
/unsolicited opinion mode
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Sacred cows make the tastiest hamburgers
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"Both the “left” and the “right” pretend they have the answer, but they are mere flippers on the same thalidomide baby, and the truth is that neither side has a clue."
- Jim Goad