It’s been nearly a year since open textbook startup Boundless announced that it was being sued by three major textbook publishers, and today the company requested that the judge in the case make a declaratory ruling regarding the legality of its current product.

Translation: though the company will continue to fight the lawsuit, it’s pointing out that all the publishers complaints center around a beta product that no longer exists. And it wants the judge to say as much, thereby taking the legality of the current product off the table.

“The currently available version of the Boundless aligned texts are different in many respects,” CEO Ariel Diaz told me today. “The point is there are enough changes to the content and the product that it deserves its own look.” Or, as the request filed today by the company puts it:

…the currently available versions of the Boundless Aligned Textbooks are different in many significant respects, including text, illustrations, length and visual presentation, from the since-discontinued versions found on BoundlessNow.com.

As for continuing to fight the case, Boundless filed a request for a jury trial back in February. But in the meantime, Diaz and company are pushing on.

“The real focus is to make sure that we continue to innovate and make great products for students,” he said. “I don’t think it’s slowed us down one bit over the past year.”