Foucault's Pendulum (Score 1)

Anybody ever read this book? It's by Umberto Eco, and it was released long before Da Vinci Code, maybe a decade earlier.

Now, I haven't ready DVC, but it seems to deal with the same subject matter as Foucault's Pendulum -- that is, Knights of the Templar, conspiracies dating back to ancient times, etc.

If this lawsuit stands ... shouldn't Eco be allowed to sue too, since DVC treads the same topics and probably uses some of the same historical references? For that matter, shouldn't every Hollywood movie today be under lawsuit, considering they've all stolen their storylines from somewhere?