Companies don't "sue" their OEMs. They simply make them make changes. But they only make them make changes IF they discover that changes need to be made. If they don't do adequate testing, then, once again, it's on them both. It's on the OEM because Gigabyte ASSUMED they would supply a product that complied with the design that was submitted, but since it was, presumably, an existing platform, they apparently felt they didn't need to do a lot of QA testing in that regard. Apparently they were wrong. So, it IS seemingly both of their faults.