"I never had access to the copyrighted work" is a defense to a claim of infringement. It's a reason video game manufacturers no longer try to register a video of someone playing their game as an attempt to create a copyright on the "game experience". (Since an alleged infringer won't have ever seen that video, how could it help?)
If you say it is more prone to patent litigation on the next months is probably someone send a Cease and Desist letter. I was thinking who gonna test if is possible to patent all the desings put around the forum.
Edit: here is a discussion about what I was saying http://security.stackexchange.com/questions/3519/can-ecc-be-used-without-infringing-on-patents
Probably is not a problem but surely it helps to check any dark problem