Happens in music all the time usually ending in law suites. 'Whispers' also bore an uncanny resemblance to a twilight episode too. I don't think all derivative rights should include homages though. Just because someone forgot that they stole it doesn't excuse them nor does them reexpressing in some other way using the same idea slightly differently to accomadate their own story. That to me is just stealing, especially if the reexpression is not as good as the original. Of course the same story can be reexpressed in different ways and using different aspects of the concept but there is such a thing as intellectual property to stories though they say you can't steal stories, only their specific expression and of course no two writers are gonna approach the material the exact same way and of course proper names are up for grabs and can't be protected. The story of a terrorist using future technology was and has been a story I've had for a long time. Suing JJ would be like complaining to a black guy of racism and being white.